Legal Opinion
In Re American Appliance
United States Bankruptcy Court, D. New Jersey
Decided January 25, 2002No. 19-12070PublishedCited by 8 opinions
1Opinion of the Court
OPINION ON OPPORTUNITY OF FIRST REPUBLIC BANK TO CREDIT BID
JUDITH H. WIZMUR, Bankruptcy Judge.
This matter comes on to be heard on the debtor’s motion to approve the sale and assignment of the debtor’s leasehold interest in 5510 Concord Pike, Wilmington, Delaware (the “Premises”). The issues presented are whether First Republic Bank, the proposed assignee, (the “Bank”) may credit bid its claim against the debtor’s estate toward the purchase of debtor’s leasehold interest under 11 U.S.C. § 363(k), and whether post-petition payments made by the Bank may qualify as a break-up fee and/or an…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In re Amatex Corp.Court of Appeals for the Third Circuit · 1985
- In Re: O'Brien Environmental Energy, Inc., Debtor Calpine Corporation v. O'Brien Environmental Energy, Inc., Now Known as Nrg Generating (u.s.), IncCourt of Appeals for the Third Circuit · 1999
- Chamison v. HealthTrust, Inc.-Hosp. Co.Court of Chancery of Delaware · 1999
- In Re Public Service Co. of New HampshireUnited States Bankruptcy Court, D. New Hampshire · 1988
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3Cited by8 opinions
- In Re PrestoUnited States Bankruptcy Court, S.D. Texas · 2007
- In Re MillerUnited States Bankruptcy Court, S.D. Texas · 2006
- In Re Flamingo 55, Inc.United States Bankruptcy Court, D. Nevada · 2007
- International Transactions, Ltd. v. Embotelladora Agral Regiomontana, SA De CVCourt of Appeals for the Fifth Circuit · 2003
- Sanderlin v. Hutchens, Senter & Britton, P.A.District Court, W.D. North Carolina · 2011
3 more not listed; retrieve them via the Exa API.