Legal Opinion

United States v. Smithfield Estates, Inc. (In Re Smithfield Estates, Inc.)

United States Bankruptcy Court, D. Rhode Island

Decided April 12, 1985No. Bankruptcy 8300715PublishedCited by 19 opinions

1Opinion of the Court

DECISION DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on the motion of the U.S. Department of Housing & Urban Development (HUD), for relief from the automatic stay, 11Ü.S.C. § 362(d), and for leave to foreclose its mortgage on the debtor’s real estate. HUD maintains that the debtor-in-possession (Smithfield Estates, Inc., hereinafter, debtor) has no equity in the mortgaged property; that the property is not necessary to an effective reorganization; and that HUD’s interest as mortgagee is not adequately protected. Upon consideration of all the…

2Cases cited21 opinions

  1. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  2. In Re Pine Lake Village Apartment Co.United States Bankruptcy Court, S.D. New York · 1982
  3. Bankers Life Insurance v. Alyucan Interstate Corp. (In Re Alyucan Interstate Corp.)United States Bankruptcy Court, D. Utah · 1981
  4. Heritage Savings & Loan Ass'n v. Rogers Development Corp. (In Re Rogers Development Corp.)United States Bankruptcy Court, E.D. Virginia · 1980
  5. La Jolla Mortgage Fund v. Rancho El Cajon AssociatesUnited States Bankruptcy Court, S.D. California · 1982

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. In Re Briggs Transportation Company, Debtor. Lend Lease, a Division of National Car Rental Systems, Inc. v. Briggs Transportation Company, in Re Briggs Transportation Company, Debtor. General Motors Acceptance Corporation v. Briggs Transportation CompanyCourt of Appeals for the Eighth Circuit · 1986
  2. In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1986
  3. In Re CromptonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. In Re Planned Systems, Inc.United States Bankruptcy Court, S.D. Ohio · 1987
  5. Peaje Investments LLC v. Garcia-PadillaCourt of Appeals for the First Circuit · 2017

14 more not listed; retrieve them via the Exa API.

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