Legal Opinion
Devan v. Simon DeBartolo Group, L.P.
Court of Appeals for the Fourth Circuit
Decided June 8, 1999No. 98-1082PublishedCited by 66 opinions
1Opinion of the Court
Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Chief Judge HILTON joined.
OPINION
ERVIN, Circuit Judge:
The question before this Court is what administrative priority, if any, should be given to a Chapter 11 postpetition commercial lease that is subsequently breached after Chapter 7 conversion. While under Chapter 11, Merry-Go-Round Enterprises, Inc. and its affiliated corporations (“MGRE”) voluntarily entered into a new lease with the Simon DeBartolo Group, L.P. (“DeBartolo”)1 for commercial property. When MGRE converted from Chapter 11 to Chapter 7,…
2Cases cited32 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Dewsnup v. TimmSupreme Court of the United States · 1992
- In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
- Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
27 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Nangle v. Surratt-States (In Re Nangle)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
- In Re U.S. Airways Group, Inc.District Court, E.D. Virginia · 2003
- Shaw v. EhrlichDistrict Court, W.D. Virginia · 2003
- Middlebrook Tech, LLC v. MooreCourt of Special Appeals of Maryland · 2004
- Botkin v. DuPont Community Credit UnionCourt of Appeals for the Fourth Circuit · 2011
61 more not listed; retrieve them via the Exa API.