IN RE: 400 WALNUT ASSOCIATES, L.P., No. 2:2011cv07439 - Document 12 (E.D. Pa. 2012)

Court Description: ORDERED THAT THE CERTIFICATE OF APPEAL FROM OPINION AND ORDER OF BANKRUPTCY JUDGE DATED 10/20/2011 ENTERED ON 10/20/2011 AND 10/20/2011 JUDGMENT ENTERED AGAINST 4TH WALNUT ASSOCIATES, L.P., IS TREATED AS A MOTION FOR LEAVE TO APPEAL AND IS GRANTED. T HE JUDGMENT OF THE BANKRUPTCY COURT DATED 10/20/2011 DENYING THE CLAIM OF 4TH WALNUT ASSOCIATES, L.P., FOR PRE-PETITION DEFAULT INTEREST ACCRUING BETWEEN 5/1/2009 AND 7/23/2010 IS REVERSED. THE CASE IS REMANDED TO THE BANKRUPTCY COURT FOR FURTHER PRO CEEDINGS CONSISTENT WITH THE ATTACHED MEMO, INCLUDING A DTERMINATION AS TO WHETHER 4TH WALNUST ASSOCIATES, L.P. IS ENTITLED TO PRE-PETITION DEFAULT INTEREST ACCRUING BETWEEN THE DATE OF THE DEFAULT AND 6/18/2010 THE DATE ON WHICH 4TH WALNUT ASSOCIATES, L.P. PURCHASED THE LOAN AT ISSUE. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THE CASE CLOSED. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/7/2012. 6/8/2012 ENTERED AND COPIES E-MAILED.(sg, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION NO. 11-7439 IN RE: 400 WALNUT ASSOCIATES, L.P. ORDER AND NOW, this 7th day of June, 2012, upon consideration of Certificate of Appeal from Opinion and Order of Bankruptcy Judge Dated 10/20111 Entered on 10/20111 and October 20, 2011 Judgment Entered Against 4th Walnut Associates, L.P. (Document No.1, filed December 2,2011), Opening Brief of Appellant 4th Walnut Associates, L.P. in Support ofIts Appeal of the Opinion, Order and Judgment of the United States Bankruptcy Court for the Eastern District of Pennsylvania Dated October 20,2011 (Document No.4, filed December 22, 2011), Brief of the Appellee, 400 Walnut Associates, L.P., in Support of Opinion and Order Issued by the United States Bankruptcy Court for the Eastern District of Pennsylvania on October 20, 2011 (Document No.6, filed January 6, 2012), and Reply Brief of Appellant 4th Walnut Associates, L.P. in Support ofIts Appeal of the Opinion, Order and Judgment of the United States Bankruptcy Court for the Eastern District of Pennsylvania Dated October 20,2011 (Document No. 10, filed January 18,2012), for the reasons set forth in the Memorandum dated June 7, 2012, IT IS ORDERED as follows: 1. The Certificate of Appeal from Opinion and Order of Bankruptcy Judge Dated 10/20111 Entered on 10/20111 and October 20,2011 Judgment Entered Against 4th Walnut Asso~iates, L.P., is TREATED as a Motion for Leave to Appeal and is GRANTED; 1 2. The judgment of the Bankruptcy Court dated October 20, 2011, denying the claim of 4th Walnut Associates, L.P., for pre-petition default interest accruing between May 1,2009, and July 23,2010, is REVERSED; and 3. The case is REMANDED to the Bankruptcy Court for further proceedings consistent with the attached Memorandum, including a determination as to whether 4th Walnut Associates, L.P. is entitled to pre-petition default interest accruing between the date of the default I and June 18, 2010, the date on which 4th Walnut Associates, L.P. purchased the loan at issue. IT IS FURTHER ORDERED that the Clerk of Court shall MARK the case CLOSED. BY THE COURT: ~_9.0~ E. DUBOIS, J. JA IThe parties dispute precisely when the default occurred. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.