Legal Opinion
Financial Center Associates of East Meadow, L.P. v. TNE Funding Corp. (In Re Financial Center Associates of East Meadow, L.P.)
United States Bankruptcy Court, E.D. New York
Decided May 14, 1992No. 1-19-40936PublishedCited by 31 opinions
1Opinion of the Court
DECISION ON MOTION TO DISMISS THE CASE AND THE ADVERSARY COMPLAINT, TO LIFT THE AUTOMATIC STAY AND FOR ADEQUATE PROTECTION
MARVIN A. HOLLAND, Bankruptcy Judge:
This opinion deals only with three of the issues raised by the parties: (i) Under New York law is the appointment of a receiver of rents and profits considered perfection of an assignment of rents as additional security contained in a mortgage of real property; (ii) Can the appointment of a receiver of rents and profits in a mortgage foreclosure within the statutory period be avoided as preferential; and (iii) To what extent, if any, is…
2Cases cited39 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
34 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- SO/Bluestar, LLC v. Canarsie Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- In Re Vanderveer Estates Holdings, Inc.United States Bankruptcy Court, E.D. New York · 2002
- Katzenstein v. VIII SV5556 Lender, LLC (In Re Saint Vincent's Catholic Medical Centers)United States Bankruptcy Court, S.D. New York · 2010
- In Re AE Hotel VentureUnited States Bankruptcy Court, N.D. Illinois · 2005
- In Re Outdoor Sports Headquarters, Inc.United States Bankruptcy Court, S.D. Ohio · 1993
26 more not listed; retrieve them via the Exa API.