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In re Onio's Italian Restaurant Corp.

42 B.R. 319 (1984)

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In re Onio’s Italian Restaurant Corp.

United States Bankruptcy Court for the Southern District of New York
42 B.R. 319 (1984)

AR

Facts

Onio’s Italian Restaurant Corp. (Onio’s) (defendant) leased property from Vinellis, Inc. (Vinellis). Onio’s failed to pay rent on numerous occasions, and Vinellis commenced an eviction proceeding. After the eviction warrant was issued but before the eviction was executed, Onio’s filed for Chapter 11 bankruptcy and invoked an automatic stay that stopped the eviction. Vinellis sued, arguing that the warrant was issued before Onio’s claimed Chapter 11 bankruptcy and that the leasehold was not part of Onio’s bankruptcy estate. Consequently, Vinellis moved to vacate the stay of eviction.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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