Legal Opinion
In re Zota Petroleums, LLC
United States Bankruptcy Court, E.D. Virginia
Decided October 1, 2012No. 11-35079-DOTPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION
DOUGLAS O. TICE JR., Chief Judge.
Before the court is the motion of D & MRE, LLC, for recognition of its subles-see rights under a sublease rejected by debtor. The motion is opposed by LAP Petroleum, LLC, which argues that it purchased the underlying lease from debtor free and clear of any interest asserted by D & MRE. Resolution of the issue requires an analysis of the interplay between §§ 363 and 365(h) of the Bankruptcy Code.
The court finds that in this case, the provisions of § 365(h), which give the sub-lessee the right to retain its rights under the lease, apply, and D…
2Cases cited7 opinions
- In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
- In Re TaylorUnited States Bankruptcy Court, D. South Carolina · 1996
- LHD Realty Corp. v. Metropolitan Life Insurance Co. (In Re LHD Realty Corp.)United States Bankruptcy Court, S.D. Indiana · 1982
- Micron Technology, Inc. v. Qimonda AG (In Re Qimonda AG Bankruptcy Litigation)District Court, E.D. Virginia · 2010
- South Motor Co. v. Carter-Pritchett-Hodges, Inc. (In Re MMH Automotive Group, LLC)United States Bankruptcy Court, S.D. Florida. · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Revel AC, Inc.Court of Appeals for the Third Circuit · 2015
- Dishi & Sons v. Bay Condos LLCDistrict Court, S.D. New York · 2014
- In re Scimeca Foundation, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2013
- Idea Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC, Inc.)United States Bankruptcy Court, D. New Jersey · 2015
- In re Crumbs Bake Shop, Inc.United States Bankruptcy Court, D. New Jersey · 2014
9 more not listed; retrieve them via the Exa API.