Legal Opinion
Babco, Inc. v. Markusic (In Re Babco, Inc.)
District Court, W.D. Pennsylvania
Decided March 22, 1983No. Civ. A. No. 82-2518, Bankruptcy No. 82-2911, Adv. No. 82-1977PublishedCited by 8 opinions
1Opinion of the Court
OPINION
ZIEGLER, District Judge.
This is an appeal from the order of the United States Bankruptcy Court for the Western District of Pennsylvania dated October 1, 1982. The sole issue is whether property leased to a debtor is property of the debtor’s estate thus subjecting any actions upon the property to the automatic stay provisions of 11 U.S.C. § 362. We hold that the leased property in this case is subject to the automatic stay provisions and the decision of the Bankruptcy Court must be reversed.
I. History of the Case
On September 3, 1982 Babeo, Inc. filed a petition for bankruptcy pursuant…
2Cases cited8 opinions
- Chattanooga Federal Savings & Loan Ass'n v. Northwest Recreational Activities, Inc. (In Re Northwest Recreational Activities, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
- In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Respondents, and United States of America, Intervenor. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Appellees, and United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1981
- Gibbs v. Housing Authority of New Haven (In Re Gibbs)United States Bankruptcy Court, D. Connecticut · 1981
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Lipps v. First American Service Corp.Supreme Court of Virginia · 1982
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3Cited by8 opinions
- Better Homes of Virginia, Inc. v. Budget Service Co. (In Re Better Homes of Virginia, Inc.)District Court, E.D. Virginia · 1985
- In Re American International Airways, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1984
- Funding Systems Asset Management Corp. v. Chemical Business Credit Corp. (In Re Funding Systems Asset Management Corp.)United States Bankruptcy Court, W.D. Pennsylvania · 1990
- In Re Sturgis Iron & Metal Co., Inc.United States Bankruptcy Court, W.D. Michigan · 2009
- In Re Glacier General Ins. Co.California Court of Appeal · 1991
3 more not listed; retrieve them via the Exa API.