Legal Opinion

Matter of Dolese

District Court, E.D. Louisiana

Decided November 30, 1982No. Civ. A. 82-2448PublishedCited by 1 opinion

1Opinion of the Court

ORDER

PATRICK E. CARR, District Judge.

This appeal from an order of the Bankruptcy Court for the Eastern District of Louisiana denying appellants’ motion to compel the trustee to remove contents of a leasehold rejected by the trustee, presents two novel questions: whether property held by a debtor in bankruptcy as a consent keeper is “property of the bankruptcy estate” within the meaning of 11 U.S.C. § 541(a); and if so, whether a bankruptcy trustee may refuse to remove property of the debtor’s estate from leased premises after rejecting the lease pursuant to § 365(d)(1) of the Bankruptcy Code.

A…

2Cases cited5 opinions

Alpa Corp. v. Internal Revenue Service (In Re Alpa Corp.)United States Bankruptcy Court, D. Utah · 1981
In Re BurkeDistrict Court, S.D. California · 1948
Farmers & Merchants Bank of Boones Mill v. Boyd (In Re Boyd)United States Bankruptcy Court, W.D. Virginia · 1981
Louisiana Materials Co. v. CronvichLouisiana Court of Appeal · 1970
Mena v. BarnardLouisiana Court of Appeal · 1959

3Cited by1 opinion

In Re DulanUnited States Bankruptcy Court, C.D. California · 1985