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In the Matter of Mary Veronica Santiago-Monteverde. Mary Veronica Santiago-Monteverde, Appellant,v.John S. Pereira,, Respondent.

Brief

27 Cited authorities

  1. Butner v. United States

    440 U.S. 48 (1979)   Cited 4,427 times   18 Legal Analyses
    Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

  2. BFP v. Resolution Trust Corp.

    511 U.S. 531 (1994)   Cited 1,173 times   15 Legal Analyses
    Holding that the neologism "reasonably equivalent value" does not necessarily carry the same meaning as traditional "fair market value"

  3. Local Loan Co. v. Hunt

    292 U.S. 234 (1934)   Cited 1,887 times   2 Legal Analyses
    Holding that courts have jurisdiction to interpret and enforce their own orders

  4. In re Touloumis

    170 B.R. 825 (Bankr. S.D.N.Y. 1994)   Cited 60 times
    Granting a landlord relief from the automatic stay because the eviction of the debtor-tenant will have no discernable impact on the debtor's bankruptcy case

  5. Abkco Ind. v. Apple Films

    39 N.Y.2d 670 (N.Y. 1976)   Cited 77 times   1 Legal Analyses
    Holding that interests under a licensing agreement "constituted property," which "was attachable because concededly it was assignable"

  6. 8200 Realty Corp. v. Lindsay

    27 N.Y.2d 124 (N.Y. 1970)   Cited 76 times
    In 8200 Realty Corp. v Lindsay (27 NY2d 124, 135-136), the Court of Appeals held that "[t]he question of equal protection turns ultimately on the similarity or dissimilarity of rights differentiated by a statute; and the reasonableness of classification when different methods are used to affect different classes."

  7. Rima 106, L.P. v. Alvarez

    257 A.D.2d 201 (N.Y. App. Div. 1999)   Cited 24 times
    In Rima 106 v. Alvarez, 257 A.D.2d 201, 690 N.Y.S.2d 40 (1st Dept.1999) we invalidated clauses which gave the tenants unlimited subletting and assignment rights and the right to occupy their apartments as nonprimary residences as "violative of public policy and the rent control and stabilization statutes and code," but we found the remainder of the leases to be valid (257 A.D.2d at 204, 206–207, 690 N.Y.S.2d 40).

  8. In re Henderson

    245 B.R. 449 (Bankr. S.D.N.Y. 2000)   Cited 23 times
    Noting that a rejection is not the same as a termination but that the debtor has the obligation to surrender property after a rejection

  9. B.N. Realty Associates v. Lichtenstein

    238 B.R. 249 (S.D.N.Y. 1999)   Cited 13 times
    Deciding the issue in the context of § 365(d)

  10. In re Toledano

    Case No. 00-42470 (BRL), Adv. P. No. 03-8153 (BRL) (Bankr. S.D.N.Y. Aug. 7, 2003)   Cited 6 times
    Finding that a debtor's legal interests in her lease were property of the estate and could thus be assumed pursuant to section 365

  11. Section 522 - Exemptions

    11 U.S.C. § 522   Cited 10,350 times   36 Legal Analyses
    Granting debtor power to avoid judicial lien that impairs exemption

  12. Section 1129 - Confirmation of plan

    11 U.S.C. § 1129   Cited 4,400 times   114 Legal Analyses
    Requiring payment of property whose "value, as of the effective date of the plan" equals or exceeds the value of the creditor's claim

  13. Section 704 - Duties of trustee

    11 U.S.C. § 704   Cited 2,718 times   11 Legal Analyses
    Holding one of the trustee's duties is to "investigate the financial affairs of the debtor"

  14. Section 5201 - Debt or property subject to enforcement; proper garnishee

    N.Y. C.P.L.R. § 5201   Cited 296 times   2 Legal Analyses
    Defining "property"

  15. Section 5205 - Personal property exempt from application to the satisfaction of money judgments

    N.Y. C.P.L.R. § 5205   Cited 294 times
    Listing personal property exempt from money judgments, including trust accounts

  16. Section 5206 - Real property exempt from application to the satisfaction of money judgments

    N.Y. CPLR 5206   Cited 250 times
    Limiting homestead exemption to $75,000-$150,000 in value depending on county of residence

  17. Section 282 - Permissible exemptions in bankruptcy

    N.Y. Debt. & Cred. Law § 282   Cited 139 times   1 Legal Analyses
    Excluding from exemption plans not qualifying under Section 401, 403, 403(b), 408, 409 or 457 of the I.R.C.

  18. Section 226-B - Right to sublease or assign

    N.Y. Real Prop. Law § 226-B   Cited 135 times
    Making unenforceable any lease clause that limits the tenant's statutory ability to sublet his apartment

  19. Section 284 - Exclusivity of exemptions

    N.Y. Debt. & Cred. Law § 284   Cited 38 times

    In accordance with the provisions of section five hundred twenty-two (b) of title eleven of the United States Code, debtors domiciled in this state are not authorized to exempt from the estate property that is specified under subsection (d) of such section. N.Y. Debt. and Cred. Law § 284

  20. Section 285 - Alternative federal exemptions

    N.Y. Debt. & Cred. Law § 285   Cited 14 times

    Notwithstanding any inconsistent provision of law, an individual debtor may opt to exempt from property of the estate such property as is permitted to be exempted pursuant to section five hundred twenty-two of title eleven of the United States Code in lieu of such property as is permitted to be exempted pursuant to the applicable provisions of this article. N.Y. Debt. and Cred. Law § 285

  21. Section 2522.4 - Adjustment of legal regulated rent

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2522.4   Cited 127 times

    (a) Individual Apartment Improvements. (1) Increase in space, new equipment, new furniture or furnishings; and other adjustments. (2) An owner is entitled to a temporary rent increase where there has been a reasonable and verifiable modification, other than an increase for which an adjustment may be claimed pursuant to subdivision (b) of this section, of dwelling space, installation of new equipment or improvements, or new furniture or furnishings, provided in or to the tenant's housing accommodation

  22. Section 2525.1 - General prohibitions

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2525.1   Cited 10 times

    It shall be unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive any rent for any housing accommodation in excess of the legal regulated rent, or otherwise to do or omit to do any act, in violation of any regulation, order or requirement under the RSL or this Code, or to offer, solicit, attempt or agree to do any of the foregoing. In addition to the definition contained in section 2520.6(c) of this Title, the term

  23. Section 225.6 - Reporting of incidents

    N.Y. Comp. Codes R. & Regs. tit. 9 § 225.6

    (a) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and temporary seasonal retailer shall report to the Office of Fire Prevention and Control basic information relating to all fires or explosions, including any accidental discharge of sparkling devices, that occur on premises. This report shall be submitted within 24 hours of the occurrence or discovery of the fire or explosion. Reports may be submitted via fax or e-mail as instructed on a form prescribed by the