Legal Opinion
In Re Scarsdale Realty Partners, L.P.
United States Bankruptcy Court, S.D. New York
Decided April 22, 1999No. 18-09034PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
ADLAI S. HARDIN, Jr., Bankruptcy Judge.
The issue presented on this motion is whether a secured creditor may rescind its election to treat its claim as fully secured under 11 U.S.C. § 1111(b) on the basis of material, previously undisclosed information divulged in an amended disclosure statement. On the facts of this case, I conclude that the secured creditor may rescind its Section 1111(b) election.
Jurisdiction
This Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(a) and 157(a) and the “Standing Order of Referral of Cases to Bankruptcy Judges” of the United States…
2Cases cited5 opinions
- In Re Bloomingdale PartnersUnited States Bankruptcy Court, N.D. Illinois · 1993
- 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 · 1993
- In Re KellerUnited States Bankruptcy Court, N.D. Iowa · 1985
- In Re StanleyUnited States Bankruptcy Court, D. Connecticut · 1995
- Mutual Life Insurance Co. of New York v. Paradise Springs Associates (In Re Paradise Springs Associates)United States Bankruptcy Court, D. Arizona · 1993
3Cited by5 opinions
- First Southern National Bank v. Sunnyslope Housing Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 2017
- In Re National/Northway Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 2002
- In Re Win Trucking, Inc.United States Bankruptcy Court, D. Utah · 1999
- First Southern National Bank v. Sunnyslope Housing LpCourt of Appeals for the Ninth Circuit · 2017
- First Southern National Bank v. Sunnyslope Housing Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 2017