Legal Opinion
In Re C & C Tv & Appliance, Inc.
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 27, 1989No. 19-11036PublishedCited by 14 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
The instant dispute between the Debtor and its landlord pursuant to a lease containing a purchase option, tests the power of the landlord to unilaterally terminate the parties’ contract on the basis of a forfeiture clause. Since we believe that such a clause must be construed narrowly, we hold that, in several respects, the landlord has failed to establish that it met the prerequisites for termination of the lease under its own terms. We also hold that the landlord’s attempt to utilize extrajudicial means to terminate the lease would not be permissible…
2Cases cited22 opinions
- In Re ClarkUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re ClarkeUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Sudler v. Chester Housing Authority (In Re Sudler)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Blue Ridge Metal Manufacturing Co. v. ProctorSupreme Court of Pennsylvania · 1937
- In Re SoudersUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rowe v. Conners (In Re Rowe)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- In Re Morningstar Enterprises, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Orsa Associates, Inc. v. MBA Financial, Inc. (In Re Orsa Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- In Re KarfakisUnited States Bankruptcy Court, E.D. Pennsylvania · 1993
- Crawford Square Community v. Turner (In Re Turner)United States Bankruptcy Court, W.D. Pennsylvania · 2005
9 more not listed; retrieve them via the Exa API.