Legal Opinion
In Re Mr. Grocer, Inc.
United States Bankruptcy Court, D. New Hampshire
Decided September 4, 1987No. 19-10390PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES E. YACOS, Bankruptcy Judge.
This case involves a hotly-contested proposed assignment and assumption of a commercial lease under § 365 of the Bankruptcy Code. The issue presently requiring immediate decision is whether a landlord’s contractual right of first refusal regarding any assignment of the lease is enforceable in face of the provisions of § 365(f)(1) of the Code. Remarkably, there appears to be no reported decision dealing with this issue. Counsel for the parties, whose law firms have extensive research facilities, have not been able to find any case on point.…
2Cases cited14 opinions
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- United States v. JamesSupreme Court of the United States · 1986
- In the Matter of Queens Boulevard Wine & Liquor Corp., D/B/A Gold Star Wine & Liquor, Debtor-Appellee v. Anita Blum, Petitioner-Landlord-AppellantsCourt of Appeals for the Second Circuit · 1974
- Matter of UL Radio Corp.United States Bankruptcy Court, S.D. New York · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re Joshua Slocum Ltd D/B/A Js Acquisition Corporation. Appeal of George Denney, Party in InterestCourt of Appeals for the Third Circuit · 1991
- Matter of Village Rathskeller, Inc.United States Bankruptcy Court, S.D. New York · 1992
- In Re Fleming Companies, Inc.Court of Appeals for the Third Circuit · 2007
- In Re Adelphia Communications Corp.United States Bankruptcy Court, S.D. New York · 2007
- In Re New Breed Realty Enterprises, Inc.United States Bankruptcy Court, E.D. New York · 2002
16 more not listed; retrieve them via the Exa API.