Legal Opinion

In Re Stable Mews Associates, Inc.

United States Bankruptcy Court, S.D. New York

Decided July 11, 1984No. 19-35336PublishedCited by 30 opinions

1Opinion of the Court

MEMORANDUM AND DECISION

HOWARD C. BUSCHMAN III, Bankruptcy Judge.

This case presents the issue of whether an operating trustee for a debtor-in-possession may reject leases of tenants and thereby be relieved of the contractual obligation to service a building that is property of the estate notwithstanding the requirements of local laws that landlords provide essential services.

I

The Chapter 11 Trustee of the estate of Stable Mews Associates, Inc. (“Trustee”) moves, pursuant to § 365(a) of the Bankruptcy Reform Act of 1978, 11 U.S.C. § 365(a) (the “Code”), to reject the unexpired leases between…

2Cases cited42 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  4. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  5. Perez. v. CampbellSupreme Court of the United States · 1971

37 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Sharon Steel Corporation v. National Fuel Gas Distribution Corporation, Intervenor: James W. Toren, TrusteeCourt of Appeals for the Third Circuit · 1989
  2. Beker Industries Corp. v. Florida Land & Water Adjudicatory Commission (In Re Beker Industries Corp.)United States Bankruptcy Court, S.D. New York · 1986
  3. In Re Flagstaff Realty AssociatesCourt of Appeals for the Third Circuit · 1995
  4. In Re Old Carco LLCUnited States Bankruptcy Court, S.D. New York · 2009
  5. Dunes Hotel Associates v. Hyatt Corp. (In Re Dunes Hotel Associates)United States Bankruptcy Court, D. South Carolina · 1995

25 more not listed; retrieve them via the Exa API.

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