Legal Opinion

In re the Upper Crust, LLC

United States Bankruptcy Court, D. Massachusetts

Decided November 22, 2013No. 12-18134-HJBPublished

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a “Motion of Cara Donna Provision Co., Inc. for Orders Allowing Requests for Payment Relative to Rent Due and Rejection Damages Associated with the Upper Crust ‘Commissary’ Sublease” (the “Payment Motion”). Cara Donna Provision Co., Inc. (“CDP”) requests immediate payment or administrative priority status for (i) postpetition rents claimed to be due to CDP as lessor under its commercial lease (the “CDP Lease”) with JJB Hanson Management, Inc., one of the debtors in this substantively consolidated bankruptcy case…

2Cases cited14 opinions

  1. In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1Court of Appeals for the First Circuit · 1995
  2. In Re at Home Corporation, a Delaware Corporation, Debtor. Pacific Shores Development, LLC v. At Home Corporation, Dba Excite at HomeCourt of Appeals for the Ninth Circuit · 2004
  3. Adelphia Business Solutions, Inc., Debtor-Appellee v. Nicholas AbnosCourt of Appeals for the Second Circuit · 2007
  4. Constant Ltd. Partnership v. Jamesway Corp. (In Re Jamesway Corp.)District Court, S.D. New York · 1995
  5. In Re Amber's Stores, Inc.United States Bankruptcy Court, N.D. Texas · 1996

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