Legal Opinion
Krikor Dulgarian Trust v. Unified Management Corp. of Rhode Island (In Re Peaberry's Ltd.)
Bankruptcy Appellate Panel of the First Circuit
Decided February 12, 1997No. BAP RI 96-035PublishedCited by 9 opinions
1Opinion of the Court
HAINES, Bankruptcy Judge.
Krikor Dulgarian Trust, former landlord of chapter 11 debtor Peaberry’s, Ltd., appeals the bankruptcy court’s denial of its motion seeking full payment of pre-assumption rent arrearages from proceeds of the sale of Pea-berry’s assets. Krikor Dulgarian’s motion was opposed below by another of Peaberry’s chapter 11 administrative creditors, Unified Management Corporation of Rhode Island, Inc., the appellee here.
The bankruptcy court held that, given Pea-berry’s administrative insolvency, to grant Krikor Dulgarian’s motion would be to recognize a “superpriority” claim for…
2Cases cited20 opinions
- In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1992
- Bankr. L. Rep. P 74,609 in Re Public Service Company of New Hampshire, Debtor. Martin Rochman v. Northeast Utilities Service GroupCourt of Appeals for the First Circuit · 1992
- In The Matter Of Andrew H. KilgusCourt of Appeals for the Seventh Circuit · 1987
- In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1Court of Appeals for the First Circuit · 1995
- Frito-Lay, Inc. v. LTV Steel Co. (In re Chateaugay Corp.)Court of Appeals for the Second Circuit · 1993
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
- In Re Victory Markets, Inc.Bankruptcy Appellate Panel of the Second Circuit · 1998
- Musso v. Brooklyn Navy Yard Development Corp. (In Re Westchester Tank Fabricators, Ltd.)United States Bankruptcy Court, E.D. New York · 1997
- Concerto Software, Inc. v. Vitaquest International, Inc.District Court, D. Maine · 2003
- Fracasso v. Reder (In Re Fracasso)Bankruptcy Appellate Panel of the First Circuit · 1998
4 more not listed; retrieve them via the Exa API.