Legal Opinion
In Re Pin Oaks Apartments
United States Bankruptcy Court, S.D. Texas
Decided November 21, 1980No. 19-31059PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION
WILLIAM M. SCHULTZ, Bankruptcy Judge.
The matter before the Court is whether a trustee can assume a lease pursuant to § 365 of the Code and, contemporaneously sublease under § 363, not assign, the property under different contractual terms than those provided in the original lease.
ICM Realty, a real estate investment trust, executed a lease, as landlord, on December 23, 1969, with John W. Jennings, et al, as tenant. On October 1,1971, Jennings, et al assigned their rights, in, to and under the Lease, to Joe E. Russo and Diversified Building Equities, Inc. (collectively…
2Cases cited13 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Smith v. Hoboken Railroad, Warehouse & Steamship Connecting Co.Supreme Court of the United States · 1946
- In the Matter of Queens Boulevard Wine & Liquor Corp., D/B/A Gold Star Wine & Liquor, Debtor-Appellee v. Anita Blum, Petitioner-Landlord-AppellantsCourt of Appeals for the Second Circuit · 1974
- In Re Italian Cook Oil Corp.Court of Appeals for the Third Circuit · 1951
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matter of UL Radio Corp.United States Bankruptcy Court, S.D. New York · 1982
- LHD Realty Corp. v. Metropolitan Life Insurance Co. (In Re LHD Realty Corp.)United States Bankruptcy Court, S.D. Indiana · 1982
- In Re Lafayette Radio Electronics Corp.United States Bankruptcy Court, E.D. New York · 1981
- In Re Evelyn Byrnes, Inc.United States Bankruptcy Court, S.D. New York · 1983
- In Re Mr. Grocer, Inc.United States Bankruptcy Court, D. New Hampshire · 1987
9 more not listed; retrieve them via the Exa API.