Legal Opinion

80 Nassau Associates v. Crossland Federal Savings Bank (In Re 80 Nassau Associates)

United States Bankruptcy Court, S.D. New York

Decided July 19, 1994No. 18-36650PublishedCited by 69 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER DISMISSING THE COMPLAINT WITH LEAVE TO RE-PLEAD CERTAIN CLAIMS

STUART M. BERNSTEIN, Bankruptcy Judge.

In this adversary proceeding, the Debtors seek to subordinate the secured claim of the defendant, Crossland Federal Savings Bank (“Crossland”), to the claims of all other creditors, 1 and to transfer Crossland’s mortgage to the Debtors’ estates. According to the complaint, Crossland engaged in inequitable conduct which caused the Debtors to file their chapter 11 petitions. Specifically, they charge that Crossland, through statements it made, lulled them into the…

2Cases cited56 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Derry Sykes v. John James, New York State Parole OfficerCourt of Appeals for the Second Circuit · 1993
  4. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  5. R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984

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3Cited by69 opinions

  1. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
  2. Nisselson v. Softbank Am Corp. (In Re MarketXT Holdings Corp.)United States Bankruptcy Court, S.D. New York · 2007
  3. Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2007
  4. Official Committee of Unsecured Creditors of Verestar, Inc. v. American Tower Corp. (In Re Verestar, Inc.)United States Bankruptcy Court, S.D. New York · 2006
  5. Official Committee of Unsecured Creditors of Sunbeam Corp. v. Morgan Stanley & Co. (In Re Sunbeam Corp.)United States Bankruptcy Court, S.D. New York · 2002

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