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Legal Opinion

In Re Finkley

United States Bankruptcy Court, N.D. Illinois

Decided November 21, 1996No. 19-00917PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Bankruptcy Judge.

This Chapter 13 case is before the court on a landlord’s motion for relief from the automatic stay. The motion seeks authorization to continue a state court eviction proceeding, in which the landlord alleges that the debt- or’s tenancy terminated due to nonpayment of rent. The debtor has responded that, under the Bankruptcy Code, she has the right to cure any default under her lease and assume it, so that relief from the stay would be inappropriate. As discussed below, the point at which a lease terminates for default in rental…

2Cases cited28 opinions

  1. In Re Dow Corning CorporationCourt of Appeals for the Sixth Circuit · 1996
  2. In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC HEARTLAND PARTNERSCourt of Appeals for the Seventh Circuit · 1993
  3. Edward Carver v. Paulette Carver, Gasper L. Toole, Iii, Frampton W. Toole, Iii, and Richard L. PearceCourt of Appeals for the Eleventh Circuit · 1992
  4. In re Vitreous Steel Products Co.Court of Appeals for the Seventh Circuit · 1990
  5. Midland Management Co. v. HelgasonIllinois Supreme Court · 1994

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3Cited by6 opinions

  1. Beneficial National Bank USA v. Best Receptions Systems, Inc. (In Re Best Reception Systems, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1998
  2. Matter of DiCamilloUnited States Bankruptcy Court, D. New Jersey · 1997
  3. Nickless v. Creare, Inc. (In Re Haverhill Technology Group)United States Bankruptcy Court, D. Massachusetts · 2004
  4. Osuji v. New Century Mortgage Corp. (In re Osuji)United States Bankruptcy Court, E.D. New York · 2017
  5. Bennett Three Leasing Services, Inc. v. Consolidated Medical Transport, Inc. (In Re Consolidated Medical Transport, Inc.)United States Bankruptcy Court, N.D. Illinois · 2003

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

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