Legal Opinion

Carrico v. Tompkins (In Re Tompkins)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 9, 1989No. BAP No. WW 87-2020-AsMoR, Bankruptcy No. 86-33500PublishedCited by 18 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

Lessor appeals from the bankruptcy court’s order granting the debtors an extension of time to assume or reject a lease-option agreement on residential real property. We reverse.

FACTS

James E. and Renee J. Tompkins filed a Chapter 11 petition on September 15, 1986. In February 1987 the debtors entered into a lease-option agreement for residential property with Joe and Anna Carrico, the appellants. The lease-option agreement was not approved by the bankruptcy court. Subsequently, on June 26, 1987, the court entered an order converting the case to Chapter 7, at…

2Cases cited10 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. In Re Standard Furniture Co.United States Bankruptcy Court, S.D. California · 1980
  3. Theatre Holding Corp., Debtor-Appellant v. Marcella Pincus Mauro, John E. Mauro and Paul Mauro, Landlords-AppelleesCourt of Appeals for the Second Circuit · 1982
  4. Treat Fitness Center, Inc. v. Rainbow Investment Co. (In Re Treat Fitness Center, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. In Re Bon Ton Restaurant and Pastry Shop, Inc.United States Bankruptcy Court, N.D. Illinois · 1985

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3Cited by18 opinions

  1. In Re LavigneCourt of Appeals for the Second Circuit · 1997
  2. 1185 Avenue of the Americas Associates v. The Resolution Trust Corporation, as Receiver of Ensign Federal Savings Bank and Ensign Bank, F.S.B.Court of Appeals for the Second Circuit · 1994
  3. Jensen v. California Department of Health Services (In Re Jensen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  4. RPD Holdings, L.L.C. v. Tech Pharmacy Servs. (In Re Provider Meds, L.L.C.)Court of Appeals for the Fifth Circuit · 2018
  5. Valley National Bank of Arizona v. Malody (In Re Malody)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989

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