Legal Opinion

Tak Broadcasting Corp. v. Trinity Broadcasting of Florida, Inc. (In Re Tak Broadcasting Corp.)

District Court, W.D. Wisconsin

Decided January 24, 1992No. 3:11-cv-00032PublishedCited by 7 opinions

1Opinion of the Court

ORDER AND OPINION

CRABB, Chief Judge.

This is a consolidated appeal from the bankruptcy court’s denial of appellant’s motions to reject what it contends are unexpired leases with appellees. Appellant brought the proceeding in bankruptcy court pursuant to 11 U.S.C. § 365(a), which requires a debtor in possession to choose between assumption or rejection of all of its still-to-be-completed (executory) contracts and its unexpired leases, according to the principle that agreements beneficial to the bankruptcy estate are to be retained and burdensome agreements are to be rejected. Appellant contends…

2Cases cited14 opinions

  1. In Re Pch Associates, F/k/a Simon Associates, Debtor. Liona Corporation, N v. V. Pch AssociatesCourt of Appeals for the Second Circuit · 1986
  2. International Trade Administration, and Home & City Savings Bank, Home & City Savings Bank v. Rensselaer Polytechnic InstituteCourt of Appeals for the Second Circuit · 1991
  3. In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
  4. In Re Moreggia & Sons, Inc. City of San Francisco Market Corporation v. Edward M. Walsh, Trustee American Poultry Company, CreditorCourt of Appeals for the Ninth Circuit · 1988
  5. United States v. James Wormick, Jr.Court of Appeals for the Seventh Circuit · 1983

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3Cited by7 opinions

  1. City of Olathe v. KAR Development Associates, L.P. (In Re KAR Development Associates, L.P.)District Court, D. Kansas · 1995
  2. Marriott Family Restaurants, Inc. v. Lunan Family Restaurants (In Re Lunan Family Restaurants)United States Bankruptcy Court, N.D. Illinois · 1996
  3. Schachter v. Lefrak (In Re Lefrak)United States Bankruptcy Court, S.D. New York · 1998
  4. Pieco, Inc. v. Atlantic Computer Systems, Inc. (In Re Atlantic Computer Systems, Inc.)District Court, S.D. New York · 1994
  5. HSBC BANK USA v. United Air Lines, Inc.District Court, N.D. Illinois · 2004

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