Legal Opinion
In Re Stone Barn Manhattan LLC
United States Bankruptcy Court, S.D. New York
Decided December 17, 2008No. 19-22459PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
ALLAN L. GROPPER, Bankruptcy Judge.
In 1984 Congress amended § 365 of the Bankruptcy Code, 11 U.S.C § 365, to assure commercial landlords timely receipt of post-petition rent from debtors in Chapter 11 proceedings. Since then, courts have differed on the proper application of the provision, 11 U.S.C. § 365(d)(3), where a commercial lease provides for monthly payment of rent in advance (as almost all leases do) and the debtor files its petition or rejects its lease in the middle of a month (as almost all debtors do). As discussed below, in such situations, some courts…
2Cases cited28 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Sportsman's Warehouse, Inc.United States Bankruptcy Court, D. Delaware · 2009
- Goody's Family Clothing, Inc. v. Mountaineer Property Co. II, LLC (In Re Goody's Family Clothing, Inc.)District Court, D. Delaware · 2009
- In Re Imperial Beverage Group, LLCUnited States Bankruptcy Court, N.D. Texas · 2011
- In Re Bh S&B Holdings LLCUnited States Bankruptcy Court, S.D. New York · 2009
- Duke Realty Ltd. Partnership v. North Metro Mill Work Distributors, Inc. (In Re Manis Lumber Co.)United States Bankruptcy Court, N.D. Georgia · 2009
4 more not listed; retrieve them via the Exa API.