Legal Opinion
Republic Health Corp. v. Coral Gables, Ltd. (In Re Reph Acquisition Co.)
District Court, N.D. Texas
Decided December 17, 1991No. Civ. A. Nos. CA3-90-2407-D, CA3-90-2408-D, Bankruptcy Nos. 389-38126-SAF-11, 389-38127-SAF-11, Adv. No. 390-3210PublishedCited by 21 opinions
1Opinion of the Court
FITZWATER, District Judge:
These are appeals and a cross-appeal from orders of the bankruptcy court denying a motion under 11 U.S.C. § 365(d)(4) to assume an unexpired nonresidential lease and granting a permanent injunction precluding the lessor from continuing a state court eviction action filed post-petition and from seeking to terminate the lease as to a nonbankrupt co-lessee based upon the bankrupt’s rejection of the lease and bankruptcy filing. Finding no reversible error in the bankruptcy court’s denial of the motion to assume, the court AFFIRMS the order. Concluding the bankruptcy…
2Cases cited21 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Thornburgh v. American College of Obstetricians and GynecologistsSupreme Court of the United States · 1986
- In Re American Hardwoods, Inc., Debtor. American Hardwoods, Inc. v. Deutsche Credit CorporationCourt of Appeals for the Ninth Circuit · 1989
- Roho, Incorporated v. Charles Marquis, Individually and D/B/A Chase Air Flotation, and Chase Orthopedic Care, Inc.Court of Appeals for the Fifth Circuit · 1990
- Alfred D. White v. Frank C. Carlucci, Secretary, Department of Defense, and James Webb, Secretary, Department of the NavyCourt of Appeals for the Fifth Circuit · 1989
16 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Century Indemnity Co. v. National Gypsum Co. Settlement Trust (In Re National Gypsum Co.)Court of Appeals for the Fifth Circuit · 2000
- In re National Gypsum Co.Court of Appeals for the Fifth Circuit · 2000
- Smith v. SmithDistrict Court, N.D. Texas · 1994
- Lahr v. Fulbright & Jaworski, L.L.P.District Court, N.D. Texas · 1996
- Zimmermann v. JenkinsCourt of Appeals for the Fifth Circuit · 1999
16 more not listed; retrieve them via the Exa API.