Legal Opinion

In Re J. Adrian Sons, Inc.

United States Bankruptcy Court, W.D. New York

Decided February 5, 1997No. 1-19-10372PublishedCited by 9 opinions

1Opinion of the Court

MICHAEL J. KAPLAN, Chief Judge.

In this Chapter 11 case, Empire National Leasing, Inc. (“Empire”) seeks relief from the automatic stay, 11 U.S.C. § 362(d), in order to regain possession of meat processing or packaging equipment which is in the Debtor’s possession. The equipment in question was the subject of a lease between the Debtor (a sausage maker) and Empire which expired by its own terms prior to bankruptcy. (The lease was for 60 months, at $549.75 per month. It expired on November 17,1994 and the Debtor filed on May 22, 1995.) This lease contained a purchase option whereby upon…

2Cases cited3 opinions

  1. Matter of BossonDistrict Court, D. Connecticut · 1977
  2. New England Yacht Sales, Inc. v. Commissioner of Revenue ServicesSupreme Court of Connecticut · 1986
  3. In Re Gull Air, Inc.United States Bankruptcy Court, D. Massachusetts · 1987

3Cited by9 opinions

  1. Stewart v. Barry County Livestock Auction, Inc. (In Re Stewart)United States Bankruptcy Court, W.D. Arkansas · 2002
  2. In Re Aleris International, Inc.United States Bankruptcy Court, D. Delaware · 2011
  3. Clean Burn Fuels, LLC v. Purdue BioEnergy, LLC (In re Clean Burn Fuels, LLC)United States Bankruptcy Court, M.D. North Carolina · 2013
  4. Nanak Resorts, Inc. v. Haskins Gas Service, Inc. (In Re Rome Family Corp.)United States Bankruptcy Court, D. Vermont · 2009
  5. In re Spiech Farms, LLCUnited States Bankruptcy Court, W.D. Michigan · 2018

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