Legal Opinion

Coleman Oil Co. v. Circle K Corp. (In Re Circle K Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 8, 1996No. BAP No. AZ-94-1422-JMeR. Bankruptcy Nos. 90-5052-PHX-GBN to 90-5075-PHX-GBN. Adv. No. 91-974-GBNPublishedCited by 17 opinions

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

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
  3. Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
  4. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  5. In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986

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3Cited by17 opinions

  1. In Re Audre, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  2. Cannery Row Co. v. Leisure Corp. (In re Leisure Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  3. Chira v. Saal (In Re Chira)District Court, S.D. Florida · 2007
  4. Birdsell v. Fort McDowell Sand & Gravel (In Re Sanner)United States Bankruptcy Court, D. Arizona · 1998
  5. 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

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