Legal Opinion
European American Bank v. Sackman Mortgage Corp. (In Re Sackman Mortgage Corp.)
United States Bankruptcy Court, S.D. New York
Decided August 26, 1993No. 19-35067PublishedCited by 25 opinions
1Opinion of the Court
DECISION ON MOTION FOR SUMMARY JUDGMENT
TINA L. BROZMAN, Bankruptcy Judge.
Outraged by the debtor’s refusal to admit the regularity and validity of the foreclosure sale which European American Bank (“EAB”) conducted exactly ten minutes before the debtor filed its chapter 11 petition, EAB commenced an adversary proceeding to declare that it is the owner of the foreclosed property, to enjoin the debt- or, pursuant to 11 U.S.C. § 105, from interfering with EAB’s enjoyment of that property, and for damages. By virtue of the foreclosure, EAB became the ostensible mortgagee of a particular…
2Cases cited47 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Western World Insurance Company v. Stack Oil, Inc.Court of Appeals for the Second Circuit · 1990
- J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
42 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Balaber-Strauss v. Sixty-Five Brokers (In Re Churchill Mortgage Investment Corp.)United States Bankruptcy Court, S.D. New York · 2000
- ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
- Primavera Familienstifung v. AskinDistrict Court, S.D. New York · 2001
- Nisselson v. Softbank Am Corp. (In Re MarketXT Holdings Corp.)United States Bankruptcy Court, S.D. New York · 2007
- Bayer Corp. v. MascoTech, Inc. (In re Autostyle Plastics, Inc.)Court of Appeals for the Sixth Circuit · 2001
20 more not listed; retrieve them via the Exa API.