Legal Opinion
In Re Carlton Restaurant, Inc.
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 24, 1993No. 17-16495PublishedCited by 9 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The Trustee of a Debtor-tenant requests that this court approve an assumption and assignment of the Debtor’s rights in a rental premises which remain after the landlord, a former debtor, rejected the Lease of the Premises. In what appears to be a matter of first impression, we hold that the rights of the Debtor-tenant under 11 U.S.C. § 365(h) cannot be assigned, and that therefore the Motion before us must be denied.
B. HISTORY OF THE CASE
CARLTON HOUSE RESTAURANT, INC. (“the Debtor”) filed the underlying voluntary Chapter 11 bankruptcy…
2Cases cited13 opinions
- In Re Joshua Slocum Ltd D/B/A Js Acquisition Corporation. Appeal of George Denney, Party in InterestCourt of Appeals for the Third Circuit · 1991
- Fox v. Hill (In Re Fox)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re Boston Business MacHinesUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- Commercial Finance, Ltd. v. Hawaii Dimensions, Inc. (In Re Hawaii Dimensions, Inc.)District Court, D. Hawaii · 1985
- In Re Stable Mews AssociatesUnited States Bankruptcy Court, S.D. New York · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re FOOD BARN STORES, INC., Debtor. FOUR B. CORPORATION, Creditor—Appellant, v. FOOD BARN STORES, INC., Debtor—AppelleeCourt of Appeals for the Eighth Circuit · 1997
- In Re TaylorUnited States Bankruptcy Court, D. South Carolina · 1996
- Chestnut Ridge Plaza Associates, L.P. v. Fox Grocery Co. (In Re Chestnut Ridge Plaza Associates, L.P.)United States Bankruptcy Court, W.D. Pennsylvania · 1993
- In Re Lee Road Partners, Ltd.United States Bankruptcy Court, E.D. New York · 1993
- In Re Sok Jun KongUnited States Bankruptcy Court, E.D. New York · 1993
4 more not listed; retrieve them via the Exa API.