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Saginaw Prop. LLC v. Value City Dept Stores LLC

Saginaw Prop. LLC v. Value City Dept Stores LLC

Ruling
Stay did not extend to debtor's nondebtor affiliate.
Procedural posture

Plaintiff lessor sued defendants, a successor to a lessee (successor lessee) and its affiliate, to recoup rental payments owed on account of a 1997 lease for premises owned by plaintiff. When the lessee and the successor lessee then filed chapter 11 bankruptcies, the court took up the issue of the effect and the scope of the 11 U.S.C.S. § 362 stay issued by the bankruptcy court on the within proceedings. Plaintiff also moved for summary judgment.

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Commercial opinion summary, case decided on January 27, 2009 , LexisNexis #0309-005