Legal Opinion

In re Railyard Co.

United States Bankruptcy Court, D. New Mexico

Decided December 2, 2016No. Case No. 15-12386 t11, Case No. 16-12829 t11PublishedCited by 1 opinion

1Opinion of the Court

OPINION

David T. Thuma, United States Bankruptcy Judge

Before the Court are the chapter 11 trustee’s motion to reject a lease, filed in case no. 15-12386, and the trustee’s emergency motion for relief from stay, filed in case no. 16-12829. This opinion is issued in both cases because of the significant legal and factual overlap. The main dispute is whether the trustee should be allowed to reject a lease between his estate as lessor and the debtor in possession in case. no. 16-12829 as lessee. Having heard extensive testimony about the lease terms, the local market, the history of the lease, and…

2Cases cited15 opinions

National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984

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3Cited by1 opinion

Boy Scouts of AmericaUnited States Bankruptcy Court, D. Delaware · 2022