Legal Opinion
Corman v. Hospitality Restaurants, Inc. (In Re Interstate Restaurant Systems, Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided December 6, 1982No. 19-10527PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Bankruptcy Judge.
The plaintiff landlord seeks stay relief under 11 U.S.C. § 362(d) in order to initiate eviction proceedings in Dallas to recover possession of a restaurant in plaintiff’s shopping center.
The chapter 11 debtor resists, offering immediate cure of all defaults including a prorata rent overage and reasonable counsel fees, all of which it tendered during an earlier hearing in this proceeding. The debtor has a prospective purchaser-assignee ready to take possession as soon as this litigation permits.
The landlord, sensing a windfall, has…
2Cases cited3 opinions
- State National Bank of El Paso, Trustee for Lee Moor Children's Home v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Nina N. Dodge, Also Known as Nina N. (Dodge) Cullinan v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Kassuba v. Realty Income TrustCourt of Appeals for the Seventh Circuit · 1977
3Cited by8 opinions
- Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
- Johnson v. First National BankCourt of Appeals for the Eighth Circuit · 1983
- Production Credit Ass'n of Minot v. BurkNorth Dakota Supreme Court · 1988
- In Re Players' Pub, Inc.United States Bankruptcy Court, D. Massachusetts · 1985
- Flying "S" Land & Cattle Co. v. Beaumont (In Re Flying "S" Land & Cattle Co.)United States Bankruptcy Court, D. Nevada · 1987
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