Legal Opinion

In Re Boston Business MacHines

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 27, 1988No. 19-10106PublishedCited by 30 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The sequence of unfortunate events described herein which have transpired between the Chapter 11 Debtor and its landlord requires us to impose substantial damages upon the landlord for evicting the Debtor without first obtaining relief from the automatic stay, but to decline the Debt- or’s attempt to very belatedly assume the lease in issue. However, as we indicated to the parties previously, we will give the landlord an opportunity to avoid the adverse consequences of its violation of the stay if it agrees to allow the Debtor to belatedly assume the…

2Cases cited27 opinions

  1. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  2. In Re Meade Land and Development Co., Inc. Appeal of Eastgate Enterprises, IncCourt of Appeals for the Third Circuit · 1975
  3. Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. In Re Cynthia WARD, Debtor-Appellee. Appeal of BOWEST CORPORATIONCourt of Appeals for the Third Circuit · 1988
  5. Assoc. of St. Croix Condominium Owners v. St. Croix Hotel Corp.Court of Appeals for the Third Circuit · 1982

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3Cited by30 opinions

  1. Maritime Electric Co. v. United Jersey BankCourt of Appeals for the Third Circuit · 1991
  2. Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
  3. Schewe v. Fairview Estates (In Re Schewe)United States Bankruptcy Court, W.D. Michigan · 1989
  4. McLaughlin v. Fireman's Trust Mortgage Corp. (In Re McLaughlin)United States Bankruptcy Court, E.D. Pennsylvania · 1989
  5. Specialty Mills, Inc. v. Citizens State BankSouth Dakota Supreme Court · 1997

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