Legal Opinion
In Re West Post Road Properties Corp.
United States Bankruptcy Court, S.D. New York
Decided November 27, 1984No. 18-23605PublishedCited by 8 opinions
1Opinion of the Court
DECISION ON MOTION AND CROSS-MOTION TO CHARGE SECURED CREDITOR FOR PRESERVATION AND SALE EXPENSES
HOWARD SCHWARTZBERG, Bankruptcy Judge.
A trustee in bankruptcy, who persuaded an oversecured foreclosing mortgagee that the trustee’s bankruptcy sale could be accomplished more expeditiously than through a pending state court foreclosure action, now seeks to impose upon the mortgagee the costs of the sale pursuant to 11 U.S.C. § 506(c). The mortgagee resists the payment of costs on the ground that it received no benefit from the trustee’s sale because it would have been paid in full at the…
2Cases cited8 opinions
- In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
- In Re Flagstaff Foodservice CorporationCourt of Appeals for the Second Circuit · 1984
- In Re Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1982
- In Re Roamer Linen Supply, Inc.United States Bankruptcy Court, S.D. New York · 1983
- Moister v. Farmers Bank (In Re Truitt)United States Bankruptcy Court, N.D. Georgia · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Flagstaff Foodservice CorporationCourt of Appeals for the Second Circuit · 1985
- In Re WyckoffUnited States Bankruptcy Court, W.D. Michigan · 1985
- General Electric Credit Corp. v. PeltzCourt of Appeals for the Second Circuit · 1985
- In Re Sports Information Data Base, Inc.United States Bankruptcy Court, S.D. New York · 1986
- Calstar Corp. v. Debbie Reynolds Hotel & Casino, Inc. (In Re Debbie Reynolds Hotel & Casino, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
3 more not listed; retrieve them via the Exa API.