Legal Opinion

Alvarado v. Walsh (In Re LCO Enterprises, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 19, 1995No. BAP No. NC-94-1762-AsVMe. Bankruptcy No. 4-89-02673 J2PublishedCited by 13 opinions

1Opinion of the Court

OPINION

Before ASHLAND, VOLINN and MEYERS, Bankruptcy Judges. ASHLAND, Bankruptcy Judge:

LCO Enterprises leased warehouse space from Lincoln. LCO and Lincoln amended their lease agreement to lessen the amount of the lease payments and the leased space, and to lengthen the lease. LCO assumed the lease in their bankruptcy. The trustee unsuccessfully attempted to recover pre-petition lease payments for the estate as preferential transfers. Lincoln prevailed and sought attorneys’ fees based upon § 365(b)(1)(B) and the attorneys’ fees clause in the lease agreement. The bankruptcy court declined to…

2Cases cited17 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
  3. In Re Acequia, Inc., Debtor. Acequia, Inc. v. Vernon B. ClintonCourt of Appeals for the Ninth Circuit · 1986
  4. In Re Coast Trading Company, Inc.Court of Appeals for the Ninth Circuit · 1984
  5. Stitt v. WilliamsCourt of Appeals for the Ninth Circuit · 1990

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3Cited by13 opinions

  1. In Re Kord Enterprises Ii, a California Partnership, Debtor. Kord Enterprises Ii, a California Partnership v. California Commerce BankCourt of Appeals for the Ninth Circuit · 1998
  2. Goldstein v. BRT, Inc. (In Re Universal Marketing, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2011
  3. Dobron v. BunchNevada Supreme Court · 2009
  4. In Re Exchange Resources, Inc.United States Bankruptcy Court, D. Minnesota · 1997
  5. In Re Health Science Products, Inc.United States Bankruptcy Court, N.D. Alabama · 1995

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

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