Coleman Oil Co. v. Circle K Corp. (In Re Circle K Corp.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
AMENDED OPINION
JONES, Bankruptcy Judge:
A lessor leased nine gasoline service stations in New Hampshire and Maine to a lessee. The lease agreement was for ten years but could be renewed for two additional five-year periods. Through a series of mergers, acquisitions, and dissolutions, six of the stations ended up in the Circle K family of convenience stores.
Circle K declared bankruptcy and its subsidiaries gave notice that they intended to renew the leases even though the leases had not been assumed. Instead of moving to force Circle K to assume or reject under § 365(d)(2), 1 the lessor filed…
2Cases cited15 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
- In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
- In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
10 more not listed; retrieve them via the Exa API.
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- Birdsell v. Fort McDowell Sand & Gravel (In Re Sanner)United States Bankruptcy Court, D. Arizona · 1998
- C.O.P. Coal Development Co v. C.W. Mining Co. (In Re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2010
12 more not listed; retrieve them via the Exa API.