Legal Opinion

In Re Thinking MacHines Corp.

District Court, D. Massachusetts

Decided May 17, 1995No. Civ. A. 95-10394-WGYPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

YOUNG, District Judge.

This appeal of a decision and judgment of the Bankruptcy Court involves a single narrow issue hotly contested and frequently litigated — with contradictory results — across the country. The question is whether, under the Bankruptcy Code (the “Code”), the rejection of a commercial lease by the bankruptcy trustee or the debtor-in-possession is effective at once upon an unequivocal act of rejection by the trustee or debtor-in-possession or later upon court approval of the rejection. As a debtor must continue to honor its obligations under the lease until…

2Cases cited15 opinions

  1. Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
  2. Bernard P. Rome v. Joseph Braunstein, Etc.Court of Appeals for the First Circuit · 1994
  3. By-Rite Distributing, Inc. v. Brierley (In Re By-Rite Distributing, Inc.)District Court, D. Utah · 1985
  4. In Re Re-Trac Corp.United States Bankruptcy Court, D. Minnesota · 1986
  5. In Re 1 Potato 2, Inc.United States Bankruptcy Court, D. Minnesota · 1986

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1Court of Appeals for the First Circuit · 1995
  2. In Re EdlerUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
  3. DiStefano v. SternCourt of Appeals for the First Circuit · 2000
  4. Thinking Machines v. Mellon FinancialCourt of Appeals for the First Circuit · 1995
  5. Thinking Machines v. Mellon FinancialCourt of Appeals for the First Circuit · 1995

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