Legal Opinion
Tewksbury v. MJK, Inc. (In re MJK, Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided February 5, 1982No. Bankruptcy No. 81-01889-BKC-TCB; Adv. No. 82-0011-BKC-TCB-APublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION — TERMINATION
THOMAS C. BRITTON, Bankruptcy Judge.
This chapter 11 debtor-in-possession is being sued by its landlords, who seek a determination that the lease was already terminated before bankruptcy (Count II), or, alternatively, that the stay should be lifted under 11 U.S.C. § 362(d) (Count I) or that the debtor should be required to either accept or reject the lease under § 365(d)(2) (Count III). (C. P. No. 1). The debtor has answered. (C. P. No. 4). The matter was tried on February 2 at which time it was agreed that the threshold question of termination should be…
2Cases cited4 opinions
- Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1922
- Waits v. Orange Creek Turpentine Corp.Supreme Court of Florida · 1936
- Deauville Corp. v. Garden Suburbs Golf & Country Club, Inc.Court of Appeals for the Fifth Circuit · 1947
- Hunt v. HilandDistrict Court of Appeal of Florida · 1978
3Cited by1 opinion
- D'Lites of America, Inc. v. Zohar-Greenboim, Inc. (In Re D'Lites of America, Inc.)United States Bankruptcy Court, N.D. Georgia · 1986