Legal Opinion
In Re Fleming Companies, Inc.
District Court, D. Delaware
Decided April 1, 2004No. 03-10945(MFW)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
MARY F. WALRATH, Chief Judge.
Before the Court is the Motion of Barry Road Foods, Inc., for the allowance and payment of an administrative claim, adequate protection, and assumption or rejection of its equipment lease (“the Equipment Lease”) pursuant to sections 365 and 503 of the Bankruptcy Code. The Debtor opposes the Motion and contends that the Equipment Lease is in fact a disguised security agreement that is not subject to section 365. In the event the Court concludes that it is a lease, however, the Debt- or seeks to reject it. For the reasons set forth below, we…
2Cases cited6 opinions
- In Re Pch Associates, F/k/a Simon Associates, Debtor. Liona Corporation, N v. V. Pch AssociatesCourt of Appeals for the Second Circuit · 1986
- In Re Continental Airlines, Inc., Debtors, Continental Airlines, Inc.Court of Appeals for the Third Circuit · 1991
- Banterra Bank v. Subway Equipment Leasing Corp. (In Re Taylor)United States Bankruptcy Court, S.D. Illinois · 1997
- In Re Homeplace Stores, Inc.United States Bankruptcy Court, D. Delaware · 1998
- Ford Motor Credit Co. v. Hoskins (In Re Hoskins)United States Bankruptcy Court, W.D. Missouri · 2001
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3Cited by2 opinions
- In Re Grubbs Construction Co.United States Bankruptcy Court, M.D. Florida · 2005
- In Re: Miami Metals I, Inc.District Court, S.D. New York · 2023