Southwest Aircraft Services, Inc. v. City of Long Beach

In my view, dissents should be sparing. We should strive for open-minded unanimity. In this case, try though I have, it is not possible to make that decision. Respectfully, my disagreement seems to demand a dissent from the majority opinion.

The Bankruptcy Appellate Panel was eminently correct when it observed that the language of section 365(d)(4) “is precise and leaves no room for arguing that an extension may be granted or confirmed after the 60 days has elapsed.” In re Southwest Aircraft Services, Inc., 66 B.R. 121, 123 (Bankr. 9th Cir.1986).

The majority attempts to find a “possible”…