Legal Opinion
Precision Industries, Inc. v. Qualitech Steel SBQ, LLC (In Re Qualitech Steel Corp.)
Court of Appeals for the Seventh Circuit
Decided April 23, 2003No. 01-2753PublishedCited by 35 opinions
1Opinion of the Court
ILANA DIAMOND ROVNER, Circuit Judge.
In this case of first impression at the circuit level, we are asked to reconcile two distinct provisions of the Bankruptcy Code: 11 U.S.C. § 363(f), which authorizes the sale of a debtor’s property free of any “interest” other than the estate’s, and 11 U.S.C. § 365(h), which protects the rights of the lessee when the debtor rejects a lease of estate property. The bankruptcy court in this case construed a sale order issued pursuant to section 363(f) to extinguish the possessory rights bestowed by a lease of the estate’s land. The district court disagreed,…
2Cases cited32 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Russello v. United StatesSupreme Court of the United States · 1983
- Morton v. MancariSupreme Court of the United States · 1974
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- United States v. FaustoSupreme Court of the United States · 1988
27 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Elliott v. General Motors LLCCourt of Appeals for the Second Circuit · 2016
- In Re General Motors Corp.United States Bankruptcy Court, S.D. New York · 2009
- In Re Chrysler LLCCourt of Appeals for the Second Circuit · 2009
- Dishi & Sons v. Bay Condos LLCDistrict Court, S.D. New York · 2014
- In re Motors Liquidation Co.United States Bankruptcy Court, S.D. New York · 2017
30 more not listed; retrieve them via the Exa API.