Legal Opinion
In Re United Nesco Container Corp.
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 5, 1985No. 19-10625PublishedCited by 9 opinions
1Opinion of the Court
OPINION
WILLIAM A. KING, Jr., Bankruptcy Judge.
The issue here is whether we should allow a lessor’s claim for damages resulting from rejection of a lease, over a debtor’s objection that the lessor voluntarily terminated the lease and that no damages were incurred. For the reasons stated herein, we find that damages were incurred by the lessor from rejection of the lease, although not in the amount claimed. Therefore, we will allow the claim on the condition that the lessor amend the proof of claim to reflect the appropriate amount of damages.
The facts of the case are as follows: 1 In 1980,…
2Cases cited3 opinions
- Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
- A. & N. Club, A/K/A Youngstown Garrison No. 281 Army and Navy Union, U.S.A., Inc. v. Great American Insurance CompanyCourt of Appeals for the Sixth Circuit · 1968
- In Re Crown Cartridge Corp.District Court, S.D. New York · 1962
3Cited by9 opinions
- Whitmer v. Bell Telephone Co. of Pa.Supreme Court of Pennsylvania · 1987
- United Food & Commercial Workers Union, Local 211 v. Family Snacks, Inc. (In Re Family Snacks, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- In Re United Nesco Container Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- R.E. Davis Chemical Corporation, an Illinois Corporation v. Diasonics, Incorporated, a California CorporationCourt of Appeals for the Seventh Circuit · 1991
- Energy Income Fund, L.P. v. Compression Solutions, Co. (In Re Magnolia Gas Co.)United States Bankruptcy Court, W.D. Oklahoma · 2000
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