Legal Opinion
In Re Southwest Aircraft Services, Inc.
United States Bankruptcy Court, C.D. California
Decided October 10, 1985No. LA 85-05197 BRPublishedCited by 42 opinions
1Opinion of the Court
MEMORANDUM OF OPINION AND ORDER DEEMING LEASE REJECTED AND REQUIRING SURRENDER OF THE PREMISES TO THE LESSOR
BARRY RUSSELL, Bankruptcy Judge.
The issue before the Court is whether 11 U.S.C. § 365(d)(4) permits this Court to extend the time for a debtor in possession to assume or reject an unexpired lease of nonresidential real property where the motion to extend is filed within 60 days from the commencement of the Chapter 11 case, but the motion is heard beyond the 60 day period.
The Court concludes that pursuant to 11 U.S.C. § 365(d)(4) the lease was deemed rejected by operation of law 61 days…
2Cases cited6 opinions
- In Re By-Rite Distributing, Inc.United States Bankruptcy Court, D. Utah · 1985
- Commercial Finance, Ltd. v. Hawaii Dimensions, Inc. (In Re Hawaii Dimensions, Inc.)District Court, D. Hawaii · 1985
- In Re MeadDistrict Court, E.D. Pennsylvania · 1983
- In Re CapellenUnited States Bankruptcy Court, S.D. Florida. · 1984
- Matter of Northwood Industries, Inc.United States Bankruptcy Court, W.D. Wisconsin · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- In Re Southwest Aircraft Services, Inc.Court of Appeals for the Ninth Circuit · 1987
- In Re Re-Trac Corp.United States Bankruptcy Court, D. Minnesota · 1986
- 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 GillisUnited States Bankruptcy Court, D. Hawaii · 1988
37 more not listed; retrieve them via the Exa API.