Legal Opinion

Official Committee of Unsecured Creditors of America's Hobby Center, Inc. v. Hudson United Bank (In Re America's Hobby Center, Inc.)

United States Bankruptcy Court, S.D. New York

Decided August 7, 1998No. 18-13490PublishedCited by 31 opinions

1Opinion of the Court

OPINION ON HUDSON UNITED BANK’S MOTION TO DISMISS AND THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS’ MOTION FOR NUNC PRO TUNC APPROVAL OF ITS ADVERSARY PROCEEDING

TINA L. BROZMAN, Chief Judge.

Having little leverage and a pressing need for cash with which to operate, chapter 11 debtors not fortunate or well-heeled enough to have acquired postpetition financing typically ratify their prepetition lending agreements and waive the right to challenge the lender’s security interest in return for the lender’s agreement to the debtor’s use of the lender’s cash collateral. Through this vehicle, those…

2Cases cited27 opinions

  1. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  2. In Re Stn EnterprisesCourt of Appeals for the Second Circuit · 1985
  3. Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  4. In the Matter of Martha Jo Pointer, Debtor. City of Farmers Branch and Carrollton-Farmers Branch Independent School District v. Martha Jo PointerCourt of Appeals for the Fifth Circuit · 1992
  5. Liberty Mutual Insurance v. Official Unsecured Creditors' Committee of Spaulding Composites Co. (In Re Spaulding Composites Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997

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3Cited by31 opinions

  1. Kittay v. Atlantic Bank (In Re Global Service Group LLC)United States Bankruptcy Court, S.D. New York · 2004
  2. Official Committee of Unsecured Creditors v. Austin Financial Services, Inc. (In Re KDI Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 1999
  3. G-I Holdings, Inc. v. Those Parties Listed on Exhibit a (In Re G-I Holdings, Inc.)United States Bankruptcy Court, D. New Jersey · 2004
  4. Official Committee of Unsecured Creditors of National Forge Co. v. Clark (In Re National Forge Co.)District Court, W.D. Pennsylvania · 2005
  5. Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2005

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