Legal Opinion
Matter of Mallard Associates
District Court, S.D. New York
Decided January 25, 1979No. 78 Civ. 5522, 78 B 1901PublishedCited by 15 opinions
1Opinion of the Court
OPINION
ROBERT L. CARTER, District Judge.
This is an appeal from Bankruptcy Judge Joel Lewittes’s denial of a secured creditor’s motion to dismiss a debtor’s Chapter XII petition for an arrangement. Judge Lewittes’s oral order was based on a holding that good faith in filing a petition is not a prerequisite to a debtor’s proceeding under Chapter XII of the Bankruptcy Act.
The facts pertinent to the appeal are these: 1 In October, 1977, a secured creditor, Greenwich Savings Bank, commenced a 'proceeding in New York State court to foreclose its mortgage upon property located at 45 West 45th…
2Cases cited8 opinions
- Shapiro v. WilgusSupreme Court of the United States · 1932
- Colonial Realty Investment Co. v. MartinCourt of Appeals for the First Circuit · 1975
- Sherman v. CollinsCourt of Appeals for the Eighth Circuit · 1934
- Sumida v. YumenCourt of Appeals for the Ninth Circuit · 1969
- In the Matter of Colorado Trust Deed Funds, Inc., DebtorCourt of Appeals for the Tenth Circuit · 1962
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
- Furness v. LilienfieldDistrict Court, D. Maryland · 1983
- Chattanooga Federal Savings & Loan Ass'n v. Northwest Recreational Activities, Inc. (In Re Northwest Recreational Activities, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
- In Re Dutch Flat Investment Co.United States Bankruptcy Court, N.D. California · 1980
- In Re Eden AssociatesUnited States Bankruptcy Court, S.D. New York · 1981
10 more not listed; retrieve them via the Exa API.