Legal Opinion

Debtor Brankle Brokerage & Leasing, Inc. v. Volvo Financial Services (In Re Brankle Brokerage & Leasing, Inc.)

United States Bankruptcy Court, N.D. Indiana

Decided September 18, 2008No. 18-12380PublishedCited by 5 opinions

1Opinion of the Court

DECISION

ROBERT E. GRANT, Bankruptcy-Judge.

The Bankruptcy Code treats lessors differently than it does secured creditors. Secured creditors can have their rights modified, and any shortfall in the amounts due them is generally nothing more than an unsecured claim. The estate is limited to assuming or rejecting an unexpired lease, and pending that decision, except for a brief hiatus, is generally supposed to perform all obligations under the lease, including making required payments, effectively giving lessors an administrative or priority claim. See generally, In re Grubbs Construction, Co.,…

2Cases cited14 opinions

National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
In Re: Gordon Sel-Way, Inc., Debtor. Gordon Sel-Way, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 2001
In Re: Pillowtex, Inc. Duke Energy Royal, LLC v. Pillowtex CorporationCourt of Appeals for the Third Circuit · 2003
In Re Keith Alan Powers, Debtor. Keith Alan Powers v. Royce Inc., D/B/A Royce RentalsCourt of Appeals for the Seventh Circuit · 1993
In Re QDS Components, Inc.United States Bankruptcy Court, S.D. Ohio · 2002

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

3Cited by5 opinions

Hitchin Post Steak Co. v. General Electric Capital Corp. (In Re HP Distribution, LLP)United States Bankruptcy Court, D. Kansas · 2010
In Re Hb Logistics, LLCUnited States Bankruptcy Court, N.D. Alabama · 2011
In Re Southeastern Materials, Inc.United States Bankruptcy Court, M.D. North Carolina · 2010
In Re Double G Trucking of the Arklatex, Inc.United States Bankruptcy Court, W.D. Arkansas · 2010
Fritz G. Roberts and Ashley D. RobertsUnited States Bankruptcy Court, E.D. Wisconsin · 2022