Legal Opinion
In Re Mesa Refining Inc.
United States Bankruptcy Court, D. Colorado
Decided September 4, 1985No. 16-18181PublishedCited by 4 opinions
1Opinion of the Court
ORDER DENYING MOTION TO COMPEL ASSUMPTION OR REJECTION OF LEASE
JOHN F. McGRATH, Bankruptcy Judge.
Colorado National Leasing, Inc. (CNL) has moved this Court to compel debtor Gary Refining Company (Gary) to assume or reject an unexpired lease between them and for adequate protection. Gary responded, asserting that the lease was in fact a security agreement and was, therefore, not an executory contract or unexpired lease subject to assumption or rejection. After a two-day trial, this Court ruled that the agreement was, in fact, a lease, and granted Gary fifty days in which to decide whether to…
2Cases cited14 opinions
- In the Matter of Fashion Optical, Ltd., Bankrupt. Joe Steele, Trustee v. Dr. Charles J. GebetsbergerCourt of Appeals for the Tenth Circuit · 1981
- Sight & Sound of Ohio, Inc. v. WrightDistrict Court, S.D. Ohio · 1983
- Lease Finance, Inc. v. BurgerColorado Court of Appeals · 1977
- In Re Loop Hospital PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1983
- In Re Winston Mills, Inc.United States Bankruptcy Court, S.D. New York · 1980
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3Cited by4 opinions
- In Re Moreggia & Sons, Inc. City of San Francisco Market Corporation v. Edward M. Walsh, Trustee American Poultry Company, CreditorCourt of Appeals for the Ninth Circuit · 1988
- 48th Street Steakhouse, Inc. v. Rockefeller Center, Inc. (In Re 48th Street Steakhouse, Inc.)United States Bankruptcy Court, S.D. New York · 1986
- Harris International Telecommunications, Inc. v. Three Star Telecast, Inc. (In Re Three Star Telecast, Inc.)United States Bankruptcy Court, D. Puerto Rico · 1987
- In Re S.E. Nichols Inc.United States Bankruptcy Court, S.D. New York · 1990