Legal Opinion
Coleman Oil Co v. Circle K Corp. (In re Circle K Corp.)
Court of Appeals for the Ninth Circuit
Decided October 22, 1997No. 96-15200PublishedCited by 11 opinions
1Opinion of the Court
Opinion by Judge CANBY; Partial Concurrence and Partial Dissent by Judge RYMER.
CANBY, Circuit Judge:
This ease presents the question whether a lessee debtor in bankruptcy, prior to deciding whether to accept or reject nonresidential leases, may exercise an option to renew the leases even though the lessee debtor is in default and the leases specify that they may not be renewed if in default.
The Coleman Oil Company, as lessor, leased six gasoline stations in New Hampshire and Maine for ten years, with options to the lessee to renew for two additional five-year terms. Each lease permitted…
2Cases cited14 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- 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
- 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
- Schokbeton Industries, Inc. v. Schokbeton Products Corp.Court of Appeals for the Fifth Circuit · 1972
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3Cited by11 opinions
- Easton Business Opportunities, Inc. v. Town Executive Suites-Eastern Marketplace, LLCNevada Supreme Court · 2010
- Cannery Row Co. v. Leisure Corp. (In re Leisure Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Frazer v. Drummond (In Re Frazer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Contrarian Funds, LLC v. Westpoint Stevens, Inc. (In Re Westpoint Stevens, Inc.)District Court, S.D. New York · 2005
- In Re Seven Hills, Inc.United States Bankruptcy Court, D. New Jersey · 2009
6 more not listed; retrieve them via the Exa API.