Legal Opinion
In Re Wills Motors, Inc.
United States Bankruptcy Court, S.D. New York
Decided October 22, 1991No. 18-36439PublishedCited by 4 opinions
1Opinion of the Court
DECISION ON MOTION FOR RELIEF FROM STAY AND TO ENFORCE TERMINATION OF SALES AGREEMENT
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The debtor, Wills Motors, Inc., was franchised under a written sales agreement by Volvo North America Corporation (“Volvo”) to sell and service Volvo automobiles. Volvo has moved pursuant to 11 U.S.C. § 362(d)(1) for relief from the automatic stay in order to permit it to enforce the termination of a sales agreement with the debtor and to implement the termination provisions of the sales agreement. The debtor resists Volvo’s motion on the ground that the Volvo franchise…
2Cases cited10 opinions
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- Triangle Laboratories, Inc. v. HalvajianCourt of Appeals for the Third Circuit · 1981
- Superior Motors, Inc. v. Winnebago Industries, Inc.District Court, D. South Carolina · 1973
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3Cited by4 opinions
- Comp III, Inc. v. Computerland Corp. (In Re Comp III, Inc.)United States Bankruptcy Court, S.D. New York · 1992
- In Re Toyota of Yonkers, Inc.United States Bankruptcy Court, S.D. New York · 1992
- Motorcycle Excellence Group, Inc. v. BMW of North America, LLC (In Re Motorcycle Excellence Group, Inc.)United States Bankruptcy Court, E.D. New York · 2006
- Times Square JV LLCUnited States Bankruptcy Court, S.D. New York · 2023