Legal Opinion
In Re Wiltwyck School
United States Bankruptcy Court, S.D. New York
Decided November 1, 1983No. 16-13571PublishedCited by 3 opinions
1Opinion of the Court
DECISION ON MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT INVOLVING PRESERVATION AND EXPENSES UNDER CODE § 506(c).
HOWARD SCHWARTZBERG, Bankruptcy Judge.
At the core of the flurry of motions for summary judgment in this adversary proceeding lies the question whether the oversecured defendant, The Bowery Savings Bank, is liable under Code § 506(c) for the costs incurred by the Chapter 11 debtor in possession for the preservation, maintenance and disposition of its Eleanor Roosevelt Campus. This property, consisting of approximately 110 acres with improvements, including academic, residential and…
2Cases cited19 opinions
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
- Brunswick Corporation v. Harold VinebergCourt of Appeals for the Fifth Circuit · 1967
- In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
- In Re Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1982
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3Cited by3 opinions
- Fundex Capital Corp. v. Balaber-Strauss (In Re Tampa Chain Co.)United States Bankruptcy Court, S.D. New York · 1985
- In Re West Post Road Properties Corp.United States Bankruptcy Court, S.D. New York · 1984
- Federal Land Bank of Louisville v. Belew (In Re Belew)United States Bankruptcy Court, N.D. Alabama · 1984