IN RE KLEIN SLEEP PRODUCTS, INC.

No. 1532, Docket 94-5068.

78 F.3d 18 (1996)

In re KLEIN SLEEP PRODUCTS, INC., Debtor. NOSTAS ASSOCIATES, Appellant, v. Bernard W. COSTICH, Chapter 11 Trustee, and Official Committee of Unsecured Creditors, Appellees.

United States Court of Appeals, Second Circuit.

Decided February 16, 1996.


Attorney(s) appearing for the Case

Michael S. Kopelman, Liebowitz, Hauser, Jurecky & Kopelman, Fort Lee, NJ, for Appellant.

Courtney Slatten Katzenstein, William J. Rochelle, III, Fulbright & Jaworski, L.L.P., New York City, for Appellees.

Howard Seife, Winston & Strawn, New York City (Gerald F. Munitz, Howard Schiff, Winston & Strawn, New York City, of counsel), for Amicus Curiae International Council of Shopping Centers, Inc.

Before: VAN GRAAFEILAND, KEARSE, and CALABRESI, Circuit Judges.


CALABRESI, Circuit Judge:

The liquidation provisions of the Bankruptcy Code contained in 11 U.S.C. § 726 distribute a pro-rata share of a debtor's estate to each unsecured creditor so that similarly situated creditors may be treated alike. This pro-rata rule does not, however, always lead to an equitable distribution of the estate. When one claimant is a landlord holding a long-term lease, its single unsecured claim for twenty or thirty years of future rent could...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases