Legal Opinion

Citicorp Real Estate, Inc. v. PWA, Inc. (In Re Georgetown Building Associates, Ltd. Partnership)

District Court, District of Columbia

Decided October 15, 1999No. Bankruptcy No. 97-02262. Adversary No. 98-0086PublishedCited by 22 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

S. MARTIN TEEL, Jr., Bankruptcy Judge.

This decision holds that two $2,325,000 promissory notes should be classified as equity instead of as debt. The promissory notes were issued by the debtor, Georgetown Building Associates, Limited Partnership (“GBA”), to its controlling partners, Joseph D. Dreyfuss, II, and Joseph R. Schuble, who sold them to defendants PWA, Inc. (“PWA”) and Security Trust at a pittance in comparison to the amounts owed on the notes. The plaintiff, Citicorp Real Estate, Inc. (“Citicorp”), is engaged in a battle with GBA regarding…

2Cases cited12 opinions

  1. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  2. Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
  3. Bender v. Design Store Corp.District of Columbia Court of Appeals · 1979
  4. Unsecured Creditors' Committees of Pacific Express, Inc. v. Pioneer Commercial Funding Corp. (In Re Pacific Express, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. In Re Cold Harbor Associates, L.P.United States Bankruptcy Court, E.D. Virginia · 1997

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3Cited by22 opinions

  1. Carrieri v. Jobs.Com Inc.Court of Appeals for the Fifth Circuit · 2004
  2. Bayer Corp. v. MascoTech, Inc. (In re Autostyle Plastics, Inc.)Court of Appeals for the Sixth Circuit · 2001
  3. Cohen v. KB Mezzanine Fund II, L.P. (In Re Submicron Systems Corp.)District Court, D. Delaware · 2003
  4. In Re Insilco Technologies, Inc., Debtors. Chad Shandler, as Trustee to the Insilco Liquidating TrustCourt of Appeals for the Third Circuit · 2007
  5. Aquino v. Black (In Re Atlanticrancher, Inc.)United States Bankruptcy Court, D. Massachusetts · 2002

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