Legal Opinion

In Re Shoppers Paradise, Inc.

United States Bankruptcy Court, S.D. New York

Decided December 30, 1980No. 18-36589PublishedCited by 55 opinions

1Opinion of the Court

HOWARD SCHWARTZBERG, Bankruptcy Judge.

At issue in this adversary proceeding, brought by Shoppers Paradise, Inc., the debtor-in-possession in this Chapter 11 case, is its postpetition claim for rent under a shopping center net lease with Masters, Inc. as tenant. Masters contends, among other things, that the lease was terminated as a matter of law and that, in any event, the debtor-in-possession has no standing to collect rent under a prepetition lease which it has neither assumed nor rejected. Masters also alleges that it may set off its claim for $200,000 under the promissory note executed…

2Cases cited26 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
  4. Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
  5. Sullivan v. . RossonNew York Court of Appeals · 1918

21 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. In Re Braniff Airways, Inc.United States Bankruptcy Court, N.D. Texas · 1984
  2. In Re Yonkers Hamilton Sanitarium Inc.United States Bankruptcy Court, S.D. New York · 1982
  3. Sapir v. Blue Cross/Blue Shield of Greater New York (In Re Yonkers Hamilton Sanitarium Inc.)District Court, S.D. New York · 1983
  4. Mohawk Industries Inc. v. United States (In Re Mohawk Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
  5. Hill v. Farmers Home Administration (In Re Hill)United States Bankruptcy Court, N.D. Texas · 1982

50 more not listed; retrieve them via the Exa API.

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