Legal Opinion

In the Matter of Fredrick Meats, Inc., Dba Fredrick's Olde Time Butcher Shoppe, Bankrupt. Edward R. Brown v. Curtis B. Danning, Trustee-Appellee

Court of Appeals for the Ninth Circuit

Decided August 1, 1973No. 71-2367PublishedCited by 24 opinions

1Opinion of the Court

OPINION

2Per curiam

On January 18, 1969, appellant entered into a real property lease with Fredrick Meats, Inc., the bankrupt. Under the lease rental was payable in advance on the first day of each month. The lessee was also required to pay real property taxes levied against the property “not later than” ten days prior to the delinquency date.

The rent due December 1, 1970, for the ensuing month was not paid. On that date the bankrupt filed a petition for arrangement under Chapter XI of the Bankruptcy Act. A receiver was appointed the same day, and qualified and took possession of the leased premises the…

3Cases cited2 opinions

  1. S & W Holding Company v. Julius Kuriansky, Trustee, in the Matter of W. L. Boffa, Inc., BankruptCourt of Appeals for the Second Circuit · 1963
  2. In Re Buttonwood Securities, Inc.District Court, S.D. California · 1972

4Cited by24 opinions

  1. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  2. In Re Standard Furniture Co.United States Bankruptcy Court, S.D. California · 1980
  3. Union Leasing Co. v. Peninsula Gunite, Inc. (In Re Peninsula Gunite, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  4. In The Matter Of Pacific Far East Line, Inc., DebtorCourt of Appeals for the Ninth Circuit · 1983
  5. Harris v. Supreme Plastics, Inc. (In Re Supreme Plastics, Inc.)District Court, N.D. Illinois · 1980

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