In Re 29 Newbury Street, Inc., Debtor. Saunders & Associates v. 29 Newbury Street, Inc.

BREYER, Circuit Judge.

When a firm enters bankruptcy, Section 362 of the Bankruptcy Code, 11 U.S.C. § 362 (1982 & Supp. VI 1988), automatically stays litigation against it in other courts, though the bankruptcy judge may lift the stay for “cause.” Id. In this case, Saunders Associates, a landlord’s agent, asked the bankruptcy court to lift the stay to allow it to evict a tenant (the debtor in bankruptcy) called 29 Newbury Street Inc. (whom we shall call “Street”). All parties agree that the bankruptcy court need lift the stay only if, as a matter of Massachusetts law, the landlord is entitled…