Legal Opinion
Schachter v. Lefrak (In Re Lefrak)
United States Bankruptcy Court, S.D. New York
Decided August 14, 1998No. 18-36706PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM DECISION DIRECTING DEFENDANT TO TURN OVER COOPERATIVE APARTMENT
STUART M. BERNSTEIN, Bankruptcy Judge.
Under section 365(d)(1) of the Bankruptcy Code, a chapter 7 trustee must assume or reject a debtor’s unexpired lease within sixty days of the order for relief. If he fails to do so, and if the court does not grant him additional time to decide, the lease will be deemed rejected. The primary issue before the Court is whether the debtor-shareholder’s proprietary lease in a cooperative apartment building is a lease for purposes of section 365. The Court holds that it is not, and for…
2Cases cited30 opinions
- Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
- 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 Klein Sleep Products, Inc., Debtor. Nostas Associates v. Bernard W. Costich, Chapter 11 Trustee, and Official Committee of Unsecured CreditorsCourt of Appeals for the Second Circuit · 1996
- International Trade Administration, and Home & City Savings Bank, Home & City Savings Bank v. Rensselaer Polytechnic InstituteCourt of Appeals for the Second Circuit · 1991
- State Tax Commission v. ShorNew York Court of Appeals · 1977
25 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Taub v. Taub (In Re Taub)United States Bankruptcy Court, E.D. New York · 2010
- DiGeronimo v. Weissberg (In Re DiGeronimo)United States Bankruptcy Court, E.D. New York · 2006
- Ara v. Anjum (In Re Anjum)United States Bankruptcy Court, S.D. New York · 2003
- In re BellafioreUnited States Bankruptcy Court, E.D. New York · 2013
- Krohn v. Burton (In re Swift)United States Bankruptcy Court, E.D. New York · 2013
7 more not listed; retrieve them via the Exa API.