Legal Opinion

In Re Elmira Litho, Inc.

United States Bankruptcy Court, S.D. New York

Decided November 28, 1994No. 18-22219PublishedCited by 80 opinions

1Opinion of the Court

MEMORANDUM DECISION DISMISSING APPLICATION FOR RELIEF FROM THE AUTOMATIC STAY

STUART M. BERNSTEIN, Bankruptcy Judge.

On October 26th and October 27th, 1994, the Court received evidence and heard argument in connection with U.S. Concord’s (“Concord”) application for relief from the automatic stay, or in the alternative, adequate protection. At the conclusion of Concord’s direct case, the Court granted the Debtors’ motion to dismiss the application pursuant to Fed.R.Civ.P. 52(e) for failure to establish a prima, facie case. The Court concluded that a secured equipment lender who seeks relief from…

2Cases cited39 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  3. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  4. Fribourg Navigation Co. v. CommissionerSupreme Court of the United States · 1966
  5. Barclays Bank of New York, N.A. v. Saypol (In Re Saypol)United States Bankruptcy Court, S.D. New York · 1983

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3Cited by80 opinions

  1. Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
  2. In Re EatmanUnited States Bankruptcy Court, S.D. New York · 1995
  3. Wilmington Trust Co. v. AMR Corp. (In re AMR Corp.)District Court, S.D. New York · 2013
  4. In Re SchuesslerUnited States Bankruptcy Court, S.D. New York · 2008
  5. In Re Kaplan Breslaw Ash, LLCUnited States Bankruptcy Court, S.D. New York · 2001

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