Legal Opinion
Pinnacle Restaurant At Big Sky, LLC v. CH SP Acquisitions, LLC
Court of Appeals for the Ninth Circuit
Decided July 13, 2017No. 15-35572PublishedCited by 8 opinions
1Opinion of the Court
OPINION
BLOCK, Senior District Judge:
The primary function of the Bankruptcy Code is to set out the rules for dividing up assets that are insufficient to pay a debt- or’s creditors in full. One such rule, contained in 11 U.S.C. § 363(f), authorizes a trustee in bankruptcy to sell—with some exceptions and limitations—a debtor’s assets free and clear of third-party interests. Another, contained in 11 U.S.C. § 365(h), empowers the trustee to “reject”—that is, in effect, to breach—an unexpired lease of the debtor’s property, but allows the lessee to retain any existing rights, including possession…
2Cases cited11 opinions
- Watt v. AlaskaSupreme Court of the United States · 1981
- Robertson v. Peters (In re Weisman)Court of Appeals for the Ninth Circuit · 1993
- In Re TaylorUnited States Bankruptcy Court, D. South Carolina · 1996
- Precision Industries, Inc. v. Qualitech Steel SBQ, LLC (In Re Qualitech Steel Corp.)Court of Appeals for the Seventh Circuit · 2003
- LHD Realty Corp. v. Metropolitan Life Insurance Co. (In Re LHD Realty Corp.)United States Bankruptcy Court, S.D. Indiana · 1982
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- EPLET, LLC v. DTE Pontiac N., LLCCourt of Appeals for the Sixth Circuit · 2021
- C.J.L.G., a Juvenile Male v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
- C.J.L.G., a Juvenile Male v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
- In Re: Royal Street BistroCourt of Appeals for the Fifth Circuit · 2022
- In Re: Royal Street Bistro, LLCDistrict Court, E.D. Louisiana · 2022
3 more not listed; retrieve them via the Exa API.