Legal Opinion

In Re RB Furniture, Inc.

United States Bankruptcy Court, C.D. California

Decided June 4, 1992No. Bankruptcy SA 91-40928 JRPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

Lessor brought a motion to compel payment of post-petition rent under Bankruptcy Code (the “Code”) § 365(c)(3), § 363(e), or in the alternative, an application for allowance and payment of rent as an administrative expense under § 503(b)(1)(A). Lessor asserts that Debtor defaulted on its lease by only paying the post-petition portion of real estate taxes due under the lease, thereby terminating the lease’s rent abatement clause. After a hearing on March 2, 1992, I ordered Debtor to assume or reject the lease by May 30, 1992, and took the issue…

2Cases cited9 opinions

  1. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  2. Great Western Saving Bank v. Orvco, Inc. (In Re Orvco, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  3. In Re Dieckhaus Stationers of King of Prussia, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. Matter of Baldwin-United Corp.District Court, S.D. Ohio · 1984
  5. In Re SweetwaterUnited States Bankruptcy Court, D. Utah · 1984

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

3Cited by10 opinions

  1. Child World, Inc. v. Campbell/Massachusetts Trust (In Re Child World, Inc.)District Court, S.D. New York · 1993
  2. Newman v. McCrory Corp. (In Re McCrory Corp.)District Court, S.D. New York · 1997
  3. In Re Almac's, Inc.United States Bankruptcy Court, D. Rhode Island · 1994
  4. In Re All for a Dollar, Inc.United States Bankruptcy Court, D. Massachusetts · 1994
  5. Matter of F & M Distributors, Inc.United States Bankruptcy Court, E.D. Michigan · 1995

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

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