Legal Opinion

In Re Marcano

United States Bankruptcy Court, S.D. New York

Decided January 31, 2003No. 18-01755PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

ALLAN L. GROPPER, Bankruptcy Judge.

The Court has consolidated, for purposes of this memorandum decision only, two motions for relief from the automatic stay filed in separate cases, In re Marcano (Case # 01-42520) and In re Gayle (Case # 02-42349). In each case the landlord seeks to enforce an eviction of the debtor that was pending on the date the case was filed. Both debtors argue, in opposition, that their landlords’ attempts to evict them for nonpayment of dischargeable prepetition rent obligations are violative of § 525(a) of the United States Bankruptcy Code.

DISCUSS…

2Cases cited42 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  3. Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
  4. Rendell-Baker v. KohnSupreme Court of the United States · 1982
  5. Brentwood Academy v. Tennessee Secondary School Athletic Assn.Supreme Court of the United States · 2001

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3Cited by5 opinions

  1. In Re GriggsbyUnited States Bankruptcy Court, S.D. New York · 2009
  2. In Re OksentowiczUnited States Bankruptcy Court, E.D. Michigan · 2004
  3. Condal Distributors, Inc. v. 2300 Xtra Wholesalers, Inc. (In Re 2300 Xtra Wholesalers, Inc.)District Court, S.D. New York · 2011
  4. Bryan StarlingUnited States Bankruptcy Court, S.D. New York · 2020
  5. Shameka WatsonUnited States Bankruptcy Court, S.D. New York · 2020

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