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Soho 25 Retail LLC v. Bank of Am. (In re Soho 25 Retail LLC)

Soho 25 Retail LLC v. Bank of Am. (In re Soho 25 Retail LLC)

Ruling
Rents properly assigned to bank were not property of the estate.
Procedural posture

Chapter 11 debtor filed an adversary proceeding against bank, seeking a determination in Count I of its complaint that rent tenants owed under leases they signed to rent space in a building the debtor owned belonged to the debtor's bankruptcy estate and were improperly collected by the bank. The parties filed cross-motions for summary judgment.

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Commercial opinion summary, case decided on March 31, 2011 , LexisNexis #0611-020