Legal Opinion

Tenucp Property LLC v. Riley (In Re GCP CT School Acquisition, LLC)

Bankruptcy Appellate Panel of the First Circuit

Decided May 24, 2010No. BAP No. MB 09-065. Bankruptcy No. 09-11846-WCHPublishedCited by 10 opinions

1Opinion of the Court

LAMOUTTE, Bankruptcy Judge.

Tenucp Property LLC (“Tenucp”) appeals the bankruptcy court’s order (the “Order”) denying its administrative claim for amounts it alleges are due and owing under a real estate lease for the post-petition, pre-rejection period pursuant to § 365(d)(3). 1 At issue, among other things, was the effective date of the lease’s rejection. Tenucp argued that Lynne F. Riley (the “Trustee”) took no action to assume or reject the lease and, therefore, it was deemed rejected as a matter of law on July 13, 2009 pursuant to § 365(d)(4). However, the bankruptcy court determined that…

2Cases cited28 opinions

  1. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  2. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
  3. The Independent Oil and Chemical Workers of Quincy, Inc. v. The Procter & Gamble Manufacturing CompanyCourt of Appeals for the First Circuit · 1988
  4. In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
  5. Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998

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3Cited by10 opinions

  1. Velez Arcay v. Banco Santander de Puerto Rico (In re Velez Arcay)United States Bankruptcy Court, D. Puerto Rico · 2013
  2. Noble Energy, Inc. v. Conocophillips CompanyTexas Supreme Court · 2017
  3. In Re Gcp Ct School Acquisition, LLCUnited States Bankruptcy Court, D. Massachusetts · 2010
  4. In re the Upper Crust, LLCUnited States Bankruptcy Court, D. Massachusetts · 2013
  5. In re: Luz Edith Morales Rivera v. Calidad Auto Sales Corp. et al.United States Bankruptcy Court, D. Puerto Rico · 2013

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