Legal Opinion
680 Fifth Avenue Associates v. Mutual Benefit Life Insurance Co. in Rehabilitation (In Re 680 Fifth Avenue Associates)
United States Bankruptcy Court, S.D. New York
Decided June 17, 1993No. 18-23454PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON MOTIONS FOR SUMMARY JUDGMENT UNDER 11 U.S.C. § 1111(b)
FRANCIS G. CONRAD, Bankruptcy Judge. *
This declaratory judgment proceeding 1 is before us on cross motions for summary judgment and for judgment on the pleadings. 680 Associates seeks a declaration that MBLI’s allowable secured claim is limited to the value of the land and building located at 680 Fifth Avenue, New York, New York and that 11 U.S.C. § 1111(b) is inapplicable to secured creditors not in privity with the debtor. MBLI claims that the plain meaning of § 1111(b) prohibits 680 Associates from “stripping…
2Cases cited21 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Dewsnup v. TimmSupreme Court of the United States · 1992
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re Heritage Highgate, Inc.Court of Appeals for the Third Circuit · 2012
- First Federal Bank of California v. Weinstein (In Re Weinstein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
- Bonwit Teller, Inc. v. Jewelmasters, Inc. (In Re Hooker Investments, Inc.)United States Bankruptcy Court, S.D. New York · 1994
- William J. Wade, Trustee v. Nathan Bradford and Beverly Bradford, DebtorsCourt of Appeals for the Tenth Circuit · 1994
23 more not listed; retrieve them via the Exa API.