Legal Opinion
In Re Euro-American Lodging Corp.
United States Bankruptcy Court, S.D. New York
Decided January 9, 2007No. 19-10464PublishedCited by 41 opinions
1Opinion of the Court
POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW
STUART M. BERNSTEIN, Chief Judge.
This is an atypical single asset real estate bankruptcy case. CDR Créances S.A. (“CDR”), a mortgagee, filed this involuntary chapter 7 case against Euro-American Lodging Corporation (“EALC”), its mortgagor, at the same time that CDR was pursuing foreclosure in state court. EALC, the alleged debtor, opposes the petition. The principal issue is whether EALC had 12 or more creditors as of the Petition Date, who held claims that were neither contingent nor subject to bona fide disputes.
The Court conducted a…
2Cases cited38 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-CvCourt of Appeals for the Second Circuit · 2006
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- In Re: Bdc 56 Llc, Debtor. Key Mechanical Inc. v. Bdc 56 Llc, Dwf Inc., Mesta Construction, Inc.Court of Appeals for the Second Circuit · 2003
- In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York CityCourt of Appeals for the Second Circuit · 1989
33 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Georges Marciano v. Steven ChapnickCourt of Appeals for the Ninth Circuit · 2013
- In Re Amc Investors, LLCUnited States Bankruptcy Court, D. Delaware · 2009
- In Re Mountain Dairies, Inc.United States Bankruptcy Court, S.D. New York · 2007
- Fustolo v. 50 Thomas Patton Drive, LLCCourt of Appeals for the First Circuit · 2016
- In Re SmithUnited States Bankruptcy Court, N.D. Texas · 2009
36 more not listed; retrieve them via the Exa API.