Legal Opinion

In Re Continental Airlines, Inc., Debtors, Continental Airlines, Inc.

Court of Appeals for the Third Circuit

Decided May 30, 1991No. 91-3204PublishedCited by 49 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Continental Airlines, Inc. and related corporations (collectively “Continental”), debtors-in-possession, appeal from a judgment of the district court. The district court ruled that aircraft held under bona fide leases, even though structured as sale-leasebacks, are exempt from the automatic stay in bankruptcy pursuant to 11 U.S.C. § 1110, and therefore are subject to repossession. We stayed the district court’s order pending an expedited appeal and will now affirm.

I

On December 3, 1990, Continental filed a voluntary petition for reorganization under…

2Cases cited45 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  4. Watt v. AlaskaSupreme Court of the United States · 1981
  5. Garcia v. United StatesSupreme Court of the United States · 1985

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3Cited by49 opinions

  1. In Re Prudential Insurance Co. of America Sales Practices LitigationDistrict Court, D. New Jersey · 1997
  2. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated. Thomas E. Ross, Trustee. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated, Thomas E. Ross, TrusteeCourt of Appeals for the Third Circuit · 1998
  3. United States v. County of DelawareCourt of Appeals for the Third Circuit · 1997
  4. Earl Trent, and All Those Similarly Situated Edwin Snead, of the Estate of Elaine Snead Intervenor-Plaintiff in D.C. Edwin Snead, in His Own Right Intervenor-Plaintiff in D.C. v. Dial Medical of Florida, Inc. Community Dialysis Centers v. W.W. Grainger, Inc. American MacHine and Tool Co. Inc. Of Pennsylvania, A/K/A American MacHine and Tool Co., Inc. Baxter Healthcare Corporation Earl TrentCourt of Appeals for the Third Circuit · 1994
  5. United States ex rel. Wilson v. Graham County Soil & Water Conservation DistrictCourt of Appeals for the Fourth Circuit · 2008

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