Legal Opinion
Dean v. Postle Enterprises, Inc. (In Re Postle Enterprises, Inc.)
United States Bankruptcy Court, D. Arizona
Decided May 6, 1985No. Bankruptcy B-84-1152-PHX-GBNPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
GEORGE B. NIELSEN, Jr., Bankruptcy Judge.
This contested matter presents the issue whether 11 U.S.C. §§ 365(c)(2) and (e)(2)(B) cover unexpired leases and, if so, whether an agreement which would require a landlord post-petition to provide up to $150,-000.00 in construction allowances to a debt- or-tenant can be construed to be a contract to make a loan, extend debt financing or financial accommodations within the meaning of those statutory provisions.
Because both questions should be answered in the affirmative, the debtor’s motion to assume the lease is denied and the…
2Cases cited6 opinions
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- Levin v. SaroffCalifornia Court of Appeal · 1921
- Government National Mortgage Corp. v. Adana Mortgage Bankers, Inc. (In Re Adana Mortgage Bankers, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
- In Re New Town MallUnited States Bankruptcy Court, D. South Dakota · 1982
- DVM Co. v. Bricker (In Re Bricker)United States Bankruptcy Court, D. Arizona · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Placid Oil Co.United States Bankruptcy Court, N.D. Texas · 1987
- Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.)United States Bankruptcy Court, D. Delaware · 2011
- In Re FarrellUnited States Bankruptcy Court, S.D. Ohio · 1987
- Airlines Reporting Corp. v. Wills Travel Service, Inc. (In Re Wills Travel Service, Inc.)United States Bankruptcy Court, M.D. Florida · 1987
- In Re Memphis-Friday's AssociatesUnited States Bankruptcy Court, W.D. Tennessee · 1988
6 more not listed; retrieve them via the Exa API.