Hafer v. Ardmore Sales Co. (In Re Ardmore Sales Co.)
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue at bench is whether the debtor’s landlords are entitled to relief from the automatic stay imposed by § 362 of the Bankruptcy Code (“the Code”) to permit them to terminate a lease they have with the individual who is the president of the debtor corporation and to evict the debtor from the premises. Although we find that the debtor wás not a party to the lease, we conclude nonetheless that the landlords are not entitled to relief from the stay because the debtor has at least a possessory interest in the premises. In addition, the landlords’…
2Cases cited5 opinions
- Lutherland, Inc. v. DahlenSupreme Court of Pennsylvania · 1947
- Francis Shunk Brown 3rd Esq. Trustee in Bankruptcy for I. J. Knight Realty Corp. v. Presbyterian Ministers Fund, a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1973
- Seaboard Industries, Inc. v. MonacoSupreme Court of Pennsylvania · 1971
- Fields v. Lewis (In Re Lewis)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Quick Catering Co. v. General Motors Acceptance Corp. (In Re Quick Catering Co.)United States Bankruptcy Court, D. Nevada · 1981
3Cited by3 opinions
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- Babco, Inc. v. Markusic (In Re Babco, Inc.)District Court, W.D. Pennsylvania · 1982
- Brannelly v. Bilzerian (In Re Bilzerian)United States Bankruptcy Court, M.D. Florida · 1993