Legal Opinion
In Re Harry C. Partridge, Jr. & Sons, Inc.
United States Bankruptcy Court, S.D. New York
Decided October 26, 1984No. 19-22341PublishedCited by 10 opinions
1Opinion of the Court
HOWARD SCHWARTZBERG, Bankruptcy Judge.
A creditor’s motion to compel a debtor either to assume or reject an executory contract pursuant to 11 U.S.C. § 365(d)(2) raises the issue as to whether the debtor is entitled to a declaratory judgment that it was not in default under the contract in question when the creditor is willing to waive its right, for the purpose of 11 U.S.C. § 365(b)(1), to require the debtor to cure or provide adequate assurance that the debtor will promptly cure any such default.
The debtor in possession, Harry C. Partridge, Jr. & Sons, Inc., is engaged in the business of…
2Cases cited6 opinions
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- In Re Sapolin Paints, Inc.United States Bankruptcy Court, E.D. New York · 1980
- Summit Land Co. v. Allen (In Re Summit Land Co.)United States Bankruptcy Court, D. Utah · 1981
- In Re Ridgewood Sacramento, Inc.United States Bankruptcy Court, E.D. California · 1982
- Rockland Center Associates v. TSW Stores of Nanuet, Inc. (In Re TSW Stores of Nanuet, Inc.)United States Bankruptcy Court, S.D. New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Westview 74th Street Drug Corp.United States Bankruptcy Court, S.D. New York · 1986
- Pandora Industries, Inc. v. Paramount Communications Inc. (In Re Wingspread Corp.)District Court, S.D. New York · 1992
- In Re ChambersDistrict Court, N.D. Illinois · 1992
- In Re Bon Ton Restaurant & Pastry Shop, Inc.United States Bankruptcy Court, N.D. Illinois · 1985
- Healy/Mellon-Stuart Co. v. Coastal Group, Inc. (In Re Coastal Group, Inc.)United States Bankruptcy Court, D. Delaware · 1989
5 more not listed; retrieve them via the Exa API.