Legal Opinion

Heyman v. M & R Apparel, Inc. (In Re M & R Apparel, Inc.)

United States Bankruptcy Court, D. Connecticut

Decided November 10, 1988No. 19-20285PublishedCited by 1 opinion

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.

Samuel J. Heyman and Heyman Associates # 1 1 move for relief from the automatic stay provided by Bankruptcy Code § 362(a) to evict the debtor, M & R Appar el, Inc., from retail space leased to M & R. M & R defends on the basis of its proposal to adequately protect Heyman 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 may not be…

2Cases cited28 opinions

Butner v. United StatesSupreme Court of the United States · 1979
United States v. Whiting Pools, Inc.Supreme Court of the United States · 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
Welk v. BidwellSupreme Court of Connecticut · 1950
Mayron's Bake Shops, Inc. v. Arrow Stores, Inc.Supreme Court of Connecticut · 1961

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3Cited by1 opinion

Rich-Taubman Associates v. Masterworks, Inc. (In Re Masterworks, Inc.)District Court, D. Connecticut · 1988