Legal Opinion
In Re Dial-A-Tire, Inc.
United States Bankruptcy Court, W.D. New York
Decided October 7, 1987No. 2-18-02042PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM AND DECISION
EDWARD D. HAYES, Bankruptcy Judge.
This Motion and Cross-Motion require the Court to harmonize several provisions of 11 U.S.C. § 365 in deciding the treatment which should be given two commercial leasing agreements. At stake is the use and possession of real property in which Dial-A-Tire, Inc. (the “Debtor”), holds interests as both lessee and subles-sor. The property is owned by Mr. Alvin Russell (“Russell”). The Debtor leased the property from Russell in 1983 and sublet it to J.J.P. Tires, Inc. (“J.J.P.”), in 1985.
On February 25, 1983, the Debtor and Russell executed a…
2Cases cited4 opinions
- In Re Pch Associates, F/k/a Simon Associates, Debtor. Liona Corporation, N v. V. Pch AssociatesCourt of Appeals for the Second Circuit · 1986
- Intellitek Computer Corp. v. Kollmorgen Corp. (In Re Nanodata Computer Corp.)District Court, W.D. New York · 1987
- BSL Operating Corp. v. 125 East Taverns, Inc. (In Re BSL Operating Corp.)United States Bankruptcy Court, S.D. New York · 1986
- Envireco International Motors, Inc. v. Elmhurst Transmission Corp. (In Re Elmhurst Transmission Corp.)United States Bankruptcy Court, E.D. New York · 1986
3Cited by16 opinions
- In Re Boston Business MacHinesUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- Syufy Enterprises v. City of OaklandCalifornia Court of Appeal · 2002
- Chatlos Systems, Inc. v. KaplanDistrict Court, D. Delaware · 1992
- Bethesda-Union Society of Savannah v. Austin (In Re Austin)United States Bankruptcy Court, S.D. Georgia · 1989
- In Re Sok Jun KongUnited States Bankruptcy Court, E.D. New York · 1993
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