Legal Opinion
Matter of Curio Shoppes, Inc.
United States Bankruptcy Court, D. Connecticut
Decided November 8, 1985No. 15-31385PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
ROBERT L. KRECHEVSKY, Chief Judge
I
ISSUES
The principalissue in this proceeding is whether equitable considerations may be employed in a chapter 11 reorganization case in applying a recent amendment to the Bankruptcy Code — 11 U.S.C. § 365(d)(4)— which grants a landlord of nonresidential real property the right to possession when a lease is not timely assumed. 1 Before reaching that issue, the court must first rule on the landlord’s contention that the lease in question was terminated under state law prior to the bankruptcy filing so as to preclude its assumption. 2
II
PROCED…
2Cases cited31 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- United States v. LombardoSupreme Court of the United States · 1916
- F. B. Fountain Co. v. SteinSupreme Court of Connecticut · 1922
- Finn v. MeighanSupreme Court of the United States · 1945
26 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Re-Trac Corp.United States Bankruptcy Court, D. Minnesota · 1986
- Sea Harvest Corp. v. Riviera Land Co.Court of Appeals for the Ninth Circuit · 1989
- In Re Westview 74th Street Drug Corp.United States Bankruptcy Court, S.D. New York · 1986
- In Re Wedtech CorporationUnited States Bankruptcy Court, S.D. New York · 1987
- In Re Musikahn Corp.United States Bankruptcy Court, E.D. New York · 1986
11 more not listed; retrieve them via the Exa API.