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Legal Opinion

In Re Damach, Inc.

United States Bankruptcy Court, D. Connecticut

Decided July 7, 1999No. 19-05007PublishedCited by 6 opinions

1Opinion of the Court

RULING ON DEBTOR’S MOTION FOR “ASSUMPTION OF LEASE, NUNC PRO TUNC”

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I

ISSUE

Bankruptcy Code § 365(d)(4) requires a debtor, as the lessee, to seek court authority to assume a lease of nonresidential property within 60 days after the date of an order for relief, or the lease is deemed rejected. 1 The question in this proceeding, submitted by the parties on affidavits 2 and briefs, is whether the circumstances averred permit the court to allow assumption of a lease where the debtor moved for assumption 175 days after the order for relief. After considering the…

2Cases cited19 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Frank X. Losacco v. City of Middletown, Sebastian J. Garafalo, George Aylward, Joseph Bibisi, John Chowaniec, and Relford WardCourt of Appeals for the Second Circuit · 1995
  4. Jesus Briones v. Riviera Hotel & CasinoCourt of Appeals for the Ninth Circuit · 1997
  5. Cheney v. Anchor Glass Container Corp.Court of Appeals for the Eleventh Circuit · 1996

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3Cited by6 opinions

  1. In Re FawsonUnited States Bankruptcy Court, D. Utah · 2006
  2. McDow v. Runkle (In Re Runkle)United States Bankruptcy Court, D. Maryland · 2005
  3. In Re Tubular Technologies, LLCUnited States Bankruptcy Court, D. South Carolina · 2006
  4. David Allen CramerUnited States Bankruptcy Court, C.D. California · 2022
  5. Ho Wan KwokUnited States Bankruptcy Court, D. Connecticut · 2024

1 more not listed; retrieve them via the Exa API.

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