Legal Opinion
In Re Goody's Family Clothingm Inc.
United States Bankruptcy Court, D. Delaware
Decided August 26, 2008No. 17-12733PublishedCited by 10 opinions
1Opinion of the Court
OPINION 1
CHRISTOPHER S. SONTCHI, Bankruptcy Judge.
INTRODUCTION
“Notwithstanding” is one of the most frequently used and misunderstood words in the legal vocabulary. Its meaning is at the heart of the dispute before the Court. Specifically, can the Court allow an administrative claim for unpaid post-petition rent on behalf of a commercial landlord under section 503(b)(1) of the Bankruptcy Code as an actual, necessary cost and expense of preserving the estate? Or, rather, is section 365(d)(3), which requires the trustee to “timely perform all the obligations of the debtor ... arising from and…
2Cases cited23 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Caminetti v. United StatesSupreme Court of the United States · 1917
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Goody's Family Clothing Inc.Court of Appeals for the Third Circuit · 2010
- In Re Tci 2 Holdings, LLCUnited States Bankruptcy Court, D. New Jersey · 2010
- In Re Sportsman's Warehouse, Inc.United States Bankruptcy Court, D. Delaware · 2009
- In Re Stone Barn Manhattan LLCUnited States Bankruptcy Court, S.D. New York · 2008
- Goody's Family Clothing, Inc. v. Mountaineer Property Co. II, LLC (In Re Goody's Family Clothing, Inc.)District Court, D. Delaware · 2009
5 more not listed; retrieve them via the Exa API.