Legal Opinion

In Re Pch Associates, F/k/a Simon Associates, Debtor. Liona Corporation, N v. V. Pch Associates

Court of Appeals for the Second Circuit

Decided October 27, 1986No. 1663, Docket 86-5036PublishedCited by 124 opinions

1Opinion of the Court

MINER, Circuit Judge:

Liona Corporation, N.V. (“Liona”) appeals from a judgment of the United States District Court for the Southern District of New York (Tenney, J.) affirming an order of the bankruptcy court (Lifland, J.) in favor of debtor PCH Associates (“PCH”). The District Court held that the sale-leaseback arrangement between Liona and PCH was a joint venture agreement rather than a non-residential lease subject to the provisions of section 365(d)(3), (4) of the Bankruptcy Reform Act of 1978, as amended by the Bankruptcy Amendments and Federal Judgeship Act of 1984, 11 U.S.C. §…

2Cases cited23 opinions

  1. Salen v. United States Lines Co.Supreme Court of the United States · 1962
  2. Atlantic Richfield Co. v. RazumicSupreme Court of Pennsylvania · 1978
  3. Waldman v. ShoemakerSupreme Court of Pennsylvania · 1951
  4. Sun Oil Company, Transferee, Sunray Dx Oil Company and Subsidiaries, Transferor v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1977
  5. Nath v. National Equipment Leasing Corp.Supreme Court of Pennsylvania · 1981

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3Cited by124 opinions

  1. In Re: Pws Holding Corporation Bruno's, Inc Food Max of Mississippi, Inc A.F. Stores, Inc Br Air, Inc. Food Max of Georgia, Inc Food Max of Tennessee, Inc Foodmax, Inc Lakeshore Foods, Inc Bruno's Food Stores, Inc Georgia Sales Company Sss Enterprise, Inc W.R. Huff Asset Management Co., L.L.C., in 00-5042 Hsbc Bank Usa, as Indenture Trustee for the 10.5% Senior Subordinated Notes, in 00-5074Court of Appeals for the Third Circuit · 2000
  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 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
  4. In Re Chateaugay Corp.United States Bankruptcy Court, S.D. New York · 1989
  5. Hassett v. Bancohio National Bank (In Re CIS Corp.)District Court, S.D. New York · 1994

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