Legal Opinion
Baker v. Harris Pine Mills
Court of Appeals for the Ninth Circuit
Decided November 30, 1988No. 87-4359PublishedCited by 1 opinion
1Opinion of the Court
LEAYY, Circuit Judge:
Several landowners claim that their agreements with the debtor, Harris Pine Mills, constitute leases under federal or state law, and that the Trustee failed to timely assume the leases pursuant to 11 U.S.C. § 365(d)(4) (Supp. IV 1986). The bankruptcy court and the district court held the Trustee was under no duty to assume the leases within the time constraints of section 365(d)(4), because the agreements were not leases for purposes of section 365. We affirm.
FACTS AND PROCEEDINGS
From 1947 to 1978 the debtor, Harris Pine Mills (Harris Pine), and five landowners entered…
2Cases cited10 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
- In Re Pch Associates, F/k/a Simon Associates, Debtor. Liona Corporation, N v. V. Pch AssociatesCourt of Appeals for the Second Circuit · 1986
- In Re Moreggia & Sons, Inc. City of San Francisco Market Corporation v. Edward M. Walsh, Trustee American Poultry Company, CreditorCourt of Appeals for the Ninth Circuit · 1988
- Sproul v. GilbertOregon Supreme Court · 1961
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re Harris Pine MillsCourt of Appeals for the Ninth Circuit · 1988