Legal Opinion

In Re Joshua Slocum, Ltd.

United States Bankruptcy Court, E.D. Pennsylvania

Decided March 29, 1989No. 19-11704PublishedCited by 10 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy-Judge.

A. INTRODUCTION

The instant motion of the Trustee to allow the Debtor to assume and assign one of its store leases raises several issues of first impression in this jurisdiction regarding the limitations imposed upon such assignments by restrictive clauses contained in the Debtor’s lease. We hold that, unless the landlord establishes that the leasehold is in a “shopping center,” restrictive clauses can be enforced only if the landlord is able to establish that such terms are material and jeopardize the economic position of the landlord and/or the…

2Cases cited30 opinions

In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
In Re Italian Cook Oil Corp.Court of Appeals for the Third Circuit · 1951
In Re Sapolin Paints, Inc.United States Bankruptcy Court, E.D. New York · 1980
Sudler v. Chester Housing Authority (In Re Sudler)United States Bankruptcy Court, E.D. Pennsylvania · 1987
Matter of UL Radio Corp.United States Bankruptcy Court, S.D. New York · 1982

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

3Cited by10 opinions

In Re Joshua Slocum Ltd D/B/A Js Acquisition Corporation. Appeal of George Denney, Party in InterestCourt of Appeals for the Third Circuit · 1991
In Re FOOD BARN STORES, INC., Debtor. FOUR B. CORPORATION, Creditor—Appellant, v. FOOD BARN STORES, INC., Debtor—AppelleeCourt of Appeals for the Eighth Circuit · 1997
Joshua Slocum, Ltd. v. Boyle (In Re Joshua Slocum, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1989
In Re Joshua Slocum, Ltd.United States Bankruptcy Court, E.D. Pennsylvania · 1989
In Re Ames Department Stores, Inc.United States Bankruptcy Court, S.D. New York · 1990

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