Legal Opinion
In Re Avery Arnold Construction Inc.
United States Bankruptcy Court, S.D. Florida.
Decided April 14, 1981No. 19-12435PublishedCited by 14 opinions
1Opinion of the Court
ORDER APPROVING ASSUMPTION OF LEASE AND APPROVING ASSIGNMENT TO R. T. ENTERPRISES, INC.
THOMAS C. BRITTON, Bankruptcy Judge.
The debtor’s lease with Ocean Reef Landings, Inc., does not expire until December 15,1984. The trustee seeks leave to sell the debtor’s rights under its existing lease. (C.P. No. 10). The application was heard on April 9.
At the hearing, the landlord opposed the application on the ground that the trustee had not assumed the lease within the 60 day period provided in 11 U.S.C. § 365(d)(1):
“In a case under chapter 7 of this title, if the trustee does not assume or reject an…
2Cases cited1 opinion
- Nostromo, Inc. v. Walter Fahrenkrog, Trustee of the Estate of Holiday Homes, Inc.Court of Appeals for the Eighth Circuit · 1968
3Cited by14 opinions
- In Re By-Rite Distributing, Inc.United States Bankruptcy Court, D. Utah · 1985
- Sealy Uptown v. Kelly Lyn Franchise Co. (In Re Kelly Lyn Franchise Co.)United States Bankruptcy Court, M.D. Tennessee · 1983
- In Re Bon Ton Restaurant and Pastry Shop, Inc.United States Bankruptcy Court, N.D. Illinois · 1985
- In Re Joseph C. Spiess Co.United States Bankruptcy Court, N.D. Illinois · 1992
- In Re Price Chopper Supermarkets, Inc.United States Bankruptcy Court, S.D. California · 1982
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