Legal Opinion
Rich-Taubman Associates v. Masterworks, Inc. (In Re Masterworks, Inc.)
District Court, D. Connecticut
Decided November 14, 1988No. Bankruptcy No. 5-88-00540, Motion No. 5-88-0176-MPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM AND DECISION ON RELIEF FROM AUTOMATIC STAY UNDER CODE § 362(d)(1); § 365(c)(3)
ALAN H.W. SHIFF, Bankruptcy Judge.
Rich-Taubman Associates moves for relief from the automatic stay provided by Code § 362(a) to evict the debtor, Masterworks, Inc., from commercial space leased to Masterworks. Masterworks defends on the basis of its proposal to adequately protect Rich by curing a nonpayment of rent default and assuming the lease under § 365(b)(1). The issue presented is whether there is cause for relief from the stay because under § 365(c)(3) the lease cannot be assumed.
BACKGROUND
By a…
2Cases cited29 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Sturman v. SochaSupreme Court of Connecticut · 1983
- In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
- Collins v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1973
24 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole ChesnutCourt of Appeals for the Fifth Circuit · 2005
- Grimes v. Green Point Savings Bank (In Re Grimes)United States Bankruptcy Court, E.D. New York · 1992
- Pyramid Operating Authority, Inc. v. City of Memphis (In Re Pyramid Operating Authority, Inc.)United States Bankruptcy Court, W.D. Tennessee · 1992
- In Re Knight JewelryUnited States Bankruptcy Court, W.D. Missouri · 1994
- Heyman v. M & R Apparel, Inc. (In Re M & R Apparel, Inc.)United States Bankruptcy Court, D. Connecticut · 1988
6 more not listed; retrieve them via the Exa API.