Legal Opinion
Eagle Insurance v. Bankvest Capital Corp. (In Re Bankvest Capital Corp.)
Court of Appeals for the First Circuit
Decided March 15, 2004No. 03-9006PublishedCited by 45 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
This case presents a narrow but important question of statutory interpretation under the Bankruptcy Code: whether 11 U.S.C. § 365(b)(2)(D) permits the debtor-in-possession to assume an unexpired lease without first curing non-monetary defaults. The Ninth Circuit, in the only court of appeals opinion to address this question, held that non-monetary defaults must be cured before assumption. In re Claremont Acquisition Corp., 113 F.3d 1029, 1034-35 (9th Cir.1997). In the proceedings below, the bankruptcy court and the Bankruptcy Appellate Panel (BAP) reached the opposite…
2Cases cited31 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Toibb v. RadloffSupreme Court of the United States · 1991
- In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
26 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Venegas-Hernandez v. Sonolux RecordsCourt of Appeals for the First Circuit · 2004
- United States v. Torres (In Re Torres)Court of Appeals for the First Circuit · 2005
- U.S. Bank Trust National Ass'n v. AMR Corp.Court of Appeals for the Second Circuit · 2013
- Sharfarz v. Goguen (In Re Goguen)Court of Appeals for the First Circuit · 2012
- del Rosario Ortega v. Star KistCourt of Appeals for the First Circuit · 2004
40 more not listed; retrieve them via the Exa API.