Legal Opinion
Southside Leasing Co. v. Merchants Plaza, Inc. (In Re Merchants Plaza, Inc.)
United States Bankruptcy Court, E.D. Tennessee
Decided December 15, 1983No. Bankruptcy No. 3-83-00505, Adv. No. 3-83-0391PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM
CLIVE W. BARE, Bankruptcy Judge.
The question before the court concerns the curative action necessary as a condition to the assumption of a long-term lease by the debtor in possession, 11 U.S.C.A. § 365(b) (1979). The plaintiff lessor contends that the debtor in possession must pay a rental arrearage in full concomitantly with its assumption of the unexpired lease. In contradistinction, the debtor in possession asserts that a contractual agreement amending the lease entitles it to pay the arrearage in installments over the term of the lease. Also at issue is whether the plaintiff…
2Cases cited3 opinions
- Bistrian v. Easthampton Sand & Gravel Co. (In Re Easthampton Sand & Gravel Co.)United States Bankruptcy Court, E.D. New York · 1982
- In Re Attorneys Office Management, Inc.United States Bankruptcy Court, C.D. California · 1983
- Arnold v. LemondTennessee Supreme Court · 1951
3Cited by6 opinions
- In Re Manville Forest Products Corp.United States Bankruptcy Court, S.D. New York · 1984
- Morgan Guaranty Trust Company Of New York v. American Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1986
- Morgan Guaranty Trust Co. v. American Savings & Loan Ass'nCourt of Appeals for the Ninth Circuit · 1986
- In Re Flexipak, Inc.District Court, S.D. New York · 1985
- In Re R.H. Neil, Inc.United States Bankruptcy Court, S.D. New York · 1986
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