Legal Opinion
In Re Windwood Heights, Inc.
United States Bankruptcy Court, N.D. West Virginia
Decided February 25, 2008No. 07-1001PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
PATRICK M. FLATLEY, Bankruptcy Judge.
Modular Structures of PA, Inc. (“MSI”), a judgment creditor, seeks relief from the automatic of the Bankruptcy Code pursuant to 11 U.S.C. § 363(d)(3) against single asset real estate held by Windwood Heights, Inc. (the “Debtor”). The Debtor opposes the motion on the basis that judgment creditors are not eligible to utilize § 363(d)(3) to lift the automatic stay, and, alternatively, that it has proposed a plan of reorganization that has a reasonable possibility of being confirmed within a reasonable time.
The court held a hearing on MSI’s…
2Cases cited12 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- In Re Featherworks Corp.United States Bankruptcy Court, E.D. New York · 1982
- Great Western Bank the Bank of America, Creditors-Appellees v. Sierra Woods Group, a California Limited Partnership, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1992
- Matter of Featherworks Corp.District Court, E.D. New York · 1984
- In Re Apple Tree Partners, L.P.United States Bankruptcy Court, W.D. Tennessee · 1991
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3Cited by7 opinions
- In Re Harmony Holdings, LLCUnited States Bankruptcy Court, D. South Carolina · 2008
- In Re Mayslake Village-Plainfield Campus, Inc.United States Bankruptcy Court, N.D. Illinois · 2010
- In Re Rim Development, LLCUnited States Bankruptcy Court, D. Kansas · 2010
- In re PrimesUnited States Bankruptcy Court, N.D. Illinois · 2014
- In re: Bordeaux Ventures, LLCUnited States Bankruptcy Court, M.D. Tennessee · 2025
2 more not listed; retrieve them via the Exa API.