Legal Opinion
Webber Lumber & Supply Co. v. Trucklease Corp. (In Re Webber Lumber & Supply Co.)
United States Bankruptcy Court, D. Massachusetts
Decided November 19, 1991No. 19-10524PublishedCited by 8 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Chief Judge.
This is a suit between a bankruptcy estate and a lessee in possession of estate real estate. The debtor, as estate representative, seeks through its “strong-arm” powers to avoid the lease, and the option to purchase granted thereunder, for lack of recording. Webber Lumber & Supply Co., Inc. (the “Debtor”), moves for summary judgment against the lessee, Trucklease Corporation (the “Lessee”). Presented are questions of whether (i) an option contained in a lease is subject to the same avoidance rights which apply to the lease, and (ii) the lessee is…
2Cases cited7 opinions
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- McCarthy v. LaneMassachusetts Supreme Judicial Court · 1938
- In Re Mill Concepts Corp.United States Bankruptcy Court, D. Massachusetts · 1991
- Tramontozzi v. D'AMICISMassachusetts Supreme Judicial Court · 1962
- In Re AJ Lane & Co., Inc.United States Bankruptcy Court, D. Massachusetts · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Precision Industries, Inc. v. Qualitech Steel SBQ, LLC (In Re Qualitech Steel Corp.)Court of Appeals for the Seventh Circuit · 2003
- Dunes Hotel Associates v. Hyatt Corp. (In Re Dunes Hotel Associates)United States Bankruptcy Court, D. South Carolina · 1995
- Dunes Hotel Associates v. Hyatt Corp.District Court, D. South Carolina · 2000
- Dishi & Sons v. Bay Condos LLCDistrict Court, S.D. New York · 2014
- Petricca Development Ltd. Partnership v. Pioneer Development Co.Court of Appeals for the First Circuit · 2000
3 more not listed; retrieve them via the Exa API.