In Re Thinking MacHines Corp.
District Court, D. Massachusetts
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
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- Bernard P. Rome v. Joseph Braunstein, Etc.Court of Appeals for the First Circuit · 1994
- By-Rite Distributing, Inc. v. Brierley (In Re By-Rite Distributing, Inc.)District Court, D. Utah · 1985
- In Re Re-Trac Corp.United States Bankruptcy Court, D. Minnesota · 1986
- In Re 1 Potato 2, Inc.United States Bankruptcy Court, D. Minnesota · 1986
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3Cited by5 opinions
- In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1Court of Appeals for the First Circuit · 1995
- In Re EdlerUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
- DiStefano v. SternCourt of Appeals for the First Circuit · 2000
- Thinking Machines v. Mellon FinancialCourt of Appeals for the First Circuit · 1995
- Thinking Machines v. Mellon FinancialCourt of Appeals for the First Circuit · 1995