Legal Opinion

Koenig Sporting Goods Inc. v. Morse Road Co. (In Re Koenig Sporting Goods Inc.)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided February 16, 1999No. BAP 98-8055PublishedCited by 19 opinions

1Opinion of the Court

*389OPINION

The bankruptcy court, interpreting 11 U.S.C. § 365(d)(3), held that the Debtor’s landlord was entitled to a full month’s rent when the Debtor rejected a nonresidential lease and vacated the property on the second day of the month. We agree and affirm.

I.ISSUE ON APPEAL1

Whether 11 U.S.C. § 365(d)(3) requires a debtor that rejects a nonresidential lease on December 2 to pay in full one month’s rent that became due on December 1.

II.JURISDICTION AND STANDARD OF REVIEW

The United States District Court for the Northern District of Ohio has authorized appeals to the BAP. The bankruptcy court’s…

2Cases cited24 opinions

United States v. State Bank of NCSupreme Court of the United States · 1832
Kuper v. IovenkoCourt of Appeals for the Sixth Circuit · 1995
United States v. Joseph J. ReedCourt of Appeals for the Sixth Circuit · 1998
In Re Klein Sleep Products, Inc., Debtor. Nostas Associates v. Bernard W. Costich, Chapter 11 Trustee, and Official Committee of Unsecured CreditorsCourt of Appeals for the Second Circuit · 1996
In Re Joseph A. Vause and Virgie L. Vause, Debtors. Joseph A. Vause and Virgie L. Vause v. Capital Poly Bag, Inc.Court of Appeals for the Sixth Circuit · 1989

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

3Cited by19 opinions

In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000
R.D.F. Developments, Inc. v. Sysco Corp. (In Re R.D.F. Developments, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
El Paso Properties Corp. v. Gonzales (In Re Furr's Supermarkets, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
In Re Microvideo Learning Systems, Inc.United States Bankruptcy Court, S.D. New York · 1999
In Re Trak Auto Corp.United States Bankruptcy Court, E.D. Virginia · 2002

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