Legal Opinion

In Re Pandeff

United States Bankruptcy Court, S.D. New York

Decided October 16, 1996No. 19-22205PublishedCited by 6 opinions

1Opinion of the Court

DECISION ON BANK’S CLAIMED SECURED STATUS

TINA L. BROZMAN, Chief Judge.

Banque Indosuez (“the Bank”) moves pursuant to section 362(d)(2) of the Bankruptcy Code for relief from the automatic stay to permit it to sell the interest of Eftim Pandeff, the debtor, in a cooperative apartment. It is undisputed that the amount of the Bank’s amended state court judgment exceeds the value of the property. And although this particular property may not be necessary for the debtor to conduct his business, if, as the debtor contends, the Bank is not secured, the debtor’s unsecured creditors will stand to…

2Cases cited37 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  3. State Tax Commission v. ShorNew York Court of Appeals · 1977
  4. United States Fire Insurance Company, as Assignee and Subrogee of Its Insured, South Nassau Communities Hospital v. General Reinsurance CorporationCourt of Appeals for the Second Circuit · 1991
  5. Deary v. Guardian Loan Co., Inc.District Court, S.D. New York · 1982

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3Cited by6 opinions

  1. In Re HaedoUnited States Bankruptcy Court, S.D. New York · 1997
  2. In Re CaliguriUnited States Bankruptcy Court, E.D. New York · 2010
  3. State v. Insurance Co. of PennsylvaniaAppellate Division of the Supreme Court of the State of New York · 2003
  4. Acmetel USA LLC v. PTGi International Carrier Services, Inc.District Court, S.D. New York · 2024
  5. GMI Group, Inc. v. UNIQUE FUNDING SOLUTIONS, LLCUnited States Bankruptcy Court, N.D. Georgia · 2019

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