Legal Opinion

In Re Steve's Furniture Warehouse, Inc.

United States Bankruptcy Court, S.D. California

Decided January 25, 1985No. 19-00476PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION ON TRUSTEE’S OBJECTION TO CLAIM

ROSS M. PYLE, Bankruptcy Judge.

I

FACTS

On June 1, 1978, the debtor, Steve’s Furniture Warehouse (“Steve’s”), entered into a shopping center lease with TGF Company. Steve’s leased retail space for a term of ten years at a monthly rental of $6,500.00. The lease agreement acknowledges Steve’s prepayment of $13,000.00 representing rent for the last two calendar months of the lease term. Performance of the lease was assured by a separate guarantee agreement with Steve’s principals, including Clarke F. Herring, in which they promised to perform…

2Cases cited3 opinions

  1. Meyers v. Bank of America National Trust and Savings Ass'nCalifornia Supreme Court · 1938
  2. Alexander v. Superior CourtCalifornia Court of Appeal · 1928
  3. Reios v. MardisCalifornia Court of Appeal · 1912

3Cited by1 opinion

  1. Flavor Dry, Inc. v. Lines (In re James E. O'Connell Co.)District Court, N.D. California · 1988

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