In Re Crabb
United States Bankruptcy Court, D. Massachusetts
1Opinion of the Court
MEMORANDUM DECISION ON DEBTORS’ MOTION FOR AUTHORITY TO ASSUME EXECUTORY CONTRACT
THOMAS W. LAWLESS, Chief Judge.
The debtors have moved this court for authority to assume a lease entered into with SSC Corporation. SSC Corporation objected to the motion arguing that because the debtors failed to timely exercise an option to extend the lease there is no executory contract or unexpired lease to assume.
FACTS
The facts are basically undisputed and are as follows. The debtors filed a Chapter 11 petition on October 5, 1983. On April 16, 1982, SSC Corporation (“SSC” or “landlord”) and the debtor, Paul…
2Cases cited13 opinions
- Bank of the Commonwealth v. BevanDistrict Court, E.D. Michigan · 1981
- In Re Advent Corp.Bankruptcy Appellate Panel of the First Circuit · 1982
- Good Hope Refineries, Inc. v. Belia R. BenavidesCourt of Appeals for the First Circuit · 1979
- Santa Fe Development & Mortgage Corp. v. McCormack (In Re Santa Fe Development & Mortgage Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
- Chart House, Inc. v. Maxwell (In Re Maxwell)District Court, N.D. Illinois · 1984
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- In Re DulanUnited States Bankruptcy Court, C.D. California · 1985
- In Re West Pine Construction Co.United States Bankruptcy Court, E.D. Pennsylvania · 1987
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