Legal Opinion
In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1
Court of Appeals for the First Circuit
Decided October 17, 1995No. 95-1575PublishedCited by 103 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal compels us to address a nagging question of bankruptcy law on which no court of appeals has yet spoken and on which lower federal courts are divided. The problem relates to the operation of section 365(a) of the Bankruptcy Code, 11 U.S.C. § 365(a) (1994), a statute that permits a Chapter 11 trustee, subject to certain conditions, to assume or reject any unexpired lease or execu-tory contract in existence on the date the insolvency proceeding commences. Because the trustee’s actions require court approval, and because the Code treats nonresidential leases…
2Cases cited29 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
- Jay A. Pritzker v. Bob YariCourt of Appeals for the First Circuit · 1994
- Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
24 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- United States v. Christopher B. CarrollCourt of Appeals for the First Circuit · 1997
- In the Matter of Handy Andy Home Improvement Centers, Inc., Debtor-Appellee. Appeal of National Terminals CorporationCourt of Appeals for the Seventh Circuit · 1998
- Passamaquoddy Tribe v. State of MaineCourt of Appeals for the First Circuit · 1996
- Mason v. Official Committee of Unsecured Creditors Ex Rel. FBI Distribution Corp. (In Re FBI Distribution Corp.)Court of Appeals for the First Circuit · 2003
- United States v. GodinCourt of Appeals for the First Circuit · 2008
98 more not listed; retrieve them via the Exa API.