Legal Opinion
Cukierman v. Uecker (In re Cukierman)
Court of Appeals for the Ninth Circuit
Decided September 7, 2001No. 00-15085PublishedCited by 18 opinions
1Opinion of the Court
SCHROEDER, Chief Judge:
This is an appeal from the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) that involves the interpretation of the administrative priority given obligations under a lease of commercial property. See 11 U.S.C. § 365(d)(3); In re Pacific-Atlantic Trading Co., 27 F.3d 401, 405 (9th Cir. 1994). The issue is whether obligations denominated in a lease as “further rent” are entitled to priority, even though the obligations actually represent repayments of promissory notes. The bankruptcy court and the BAP both agreed with the landlords’ trustees that the obligations were…
2Cases cited11 opinions
- In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
- 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 Moreggia & Sons, Inc. City of San Francisco Market Corporation v. Edward M. Walsh, Trustee American Poultry Company, CreditorCourt of Appeals for the Ninth Circuit · 1988
- In Re Pacific-Atlantic Trading Co., a California Corporation, Debtor. Edward F. Towers, Trustee v. Chickering & Gregory, a PartnershipCourt of Appeals for the Ninth Circuit · 1994
- In Re Town & Country Home Nursing Services, Inc.Court of Appeals for the Ninth Circuit · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Bce West, L.P., Debtor, Einstein/noah Bagel Corp. v. Gerald K. SmithCourt of Appeals for the Ninth Circuit · 2003
- 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
- In Re John Alan Harbin, Debtor. Jeffrey Sherman v. John Alan Harbin, and Indymac Bank Fsb, in Re John Alan Harbin, Debtor. Jeffrey Sherman v. John Alan Harbin Indymac Bank FsbCourt of Appeals for the Ninth Circuit · 2007
- In Re Palace Quality Services Industries, Inc.United States Bankruptcy Court, E.D. Michigan · 2002
- In Re Stone Barn Manhattan LLCUnited States Bankruptcy Court, S.D. New York · 2008
13 more not listed; retrieve them via the Exa API.