Legal Opinion
In Re at Home Corporation, a Delaware Corporation, Debtor. Pacific Shores Development, LLC v. At Home Corporation, Dba Excite at Home
Court of Appeals for the Ninth Circuit
Decided December 28, 2004No. 03-15769PublishedCited by 43 opinions
1Opinion of the Court
GRABER, Circuit Judge:
In this appeal, we hold that a bankruptcy court may approve retroactively the rejection of an unexpired nonresidential lease. We adopt the First Circuit’s conclusion in Thinking Machines Corp. v. Mellon Financial Services Corp. # 1 (In re Thinking Machines Corp.), 67 F.3d 1021, 1029 (1st Cir.1995): although rejection of an unexpired nonresidential lease does not take effect until court approval, “the approving court has the equitable power, in suitable cases, to order a rejection to operate retroactively.” We further hold that the retroactive date may be earlier than the…
2Cases cited20 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003
- In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1Court of Appeals for the First Circuit · 1995
- Arwen Bird v. Lewis & Clark College Thomas Darrow, Phd Larry A. Meyers, Arwen Bird v. Lewis & Clark College Thomas Darrow, Phd Larry A. MeyersCourt of Appeals for the Ninth Circuit · 2002
15 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)Court of Appeals for the Ninth Circuit · 2014
- Adelphia Business Solutions, Inc., Debtor-Appellee v. Nicholas AbnosCourt of Appeals for the Second Circuit · 2007
- In the Matter Of: Amco Insurance Rehmat Peerbhai, Debtors. Wells Fargo Bank of Texas N.A. v. Ronald J. Sommers, Trustee Amco Insurance Rehmat PeerbhaiCourt of Appeals for the Fifth Circuit · 2006
- Cashco Financial Services, Inc. v. McGee (In Re McGee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- Hank Willms v. Rowe Sanderson, IiiCourt of Appeals for the Ninth Circuit · 2013
38 more not listed; retrieve them via the Exa API.