Legal Opinion

In re Payne

United States Bankruptcy Court, E.D. New York

Decided May 30, 2014No. Case No.: 12-75463-astPublishedCited by 1 opinion

1Opinion of the Court

Chapter 7

DECISION AND ORDER ON TRUSTEE’S MOTION FOR SALE OF PROPERTY

Alan S. Trust, United States Bankruptcy Judge

Issues Before the Court

Pending before the Court is the motion filed by Mark A. Pergament, chapter 7 trustee of the bankruptcy estate of the debtor, Nestor W. Payne, (“Debtor”), seeking to sell Debtor’s residence, subject to all liens, claims and encumbrances, and to obtain an order forcibly evicting Debtor and his family from their residence (the “Motion”). Objections were filed by Debt- or and the holder of the first mortgage against Debtor’s residence. For the reasons stated…

2Cases cited27 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Schwab v. ReillySupreme Court of the United States · 2010
  3. In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
  4. R² Investments, LDC v. Charter Communications, Inc. (In Re Charter Communications, Inc.)Court of Appeals for the Second Circuit · 2012
  5. Jemzura v. JemzuraNew York Court of Appeals · 1975

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3Cited by1 opinion

  1. Sheryl StarkUnited States Bankruptcy Court, E.D. New York · 2020

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