Legal Opinion
In Re 163rd Street Medical Corp.
District Court, S.D. Florida
Decided November 18, 1986No. 85-2655-CIV-HOEVELERPublishedCited by 8 opinions
1Opinion of the Court
ORDER AFFIRMING BANKRUPTCY COURT
HOEVELER, District Judge.
Having reviewed the record and the appellate briefs and memoranda of the parties hereto, this Court is of the opinion that the opinion of the Bankruptcy Court, 47 B.R. 869, should be, and hereby is, AFFIRMED.
11 U.S.C. § 365 (1984) allows a debt- or 60 days in which to assume or reject any unexpired lease into which it has entered. The court determines the rights of the debtor under the lease by looking to state law. Under Florida law, a landlord has a right to the possession of the leased premises upon the tenant’s failure to pay rent.…
2Cases cited5 opinions
- Harbour Bay Plaza Associates Ltd. v. Foxfire Inn of Stuart Florida (In Re Foxfire Inn of Stuart Florida)United States Bankruptcy Court, S.D. Florida. · 1983
- In Re Scarsdale Tires Inc.District Court, S.D. New York · 1985
- In Re 163rd Street Medical Corp.United States Bankruptcy Court, S.D. Florida. · 1985
- E.M.R. Corp. v. Flynn (In Re E.M.R. Corp.)United States Bankruptcy Court, S.D. Florida. · 1984
- In Re YanksUnited States Bankruptcy Court, S.D. Florida. · 1984
3Cited by8 opinions
- In Re Memphis-Friday's AssociatesUnited States Bankruptcy Court, W.D. Tennessee · 1988
- Rich-Taubman Associates v. Masterworks, Inc. (In Re Masterworks, Inc.)District Court, D. Connecticut · 1988
- Walling Crate Co. v. Hickory Point Industries, Inc. (In Re Hickory Point Industries, Inc.)District Court, M.D. Florida · 1988
- In Re GISC, Inc.United States Bankruptcy Court, M.D. Florida · 1991
- Lee v. BacaCalifornia Court of Appeal · 1999
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