Legal Opinion
Trak Auto Corp. v. West Town Center LLC (In Re Trak Auto Corp.)
Court of Appeals for the Fourth Circuit
Decided April 22, 2004No. 03-1136PublishedCited by 2 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINSON and Judge SHEDD joined.
OPINION
MICHAEL, Circuit Judge:
A Chapter 11 debtor-tenant sought to assign its .shopping center lease in contravention of a provision that limits use of the premises.to the sale of auto parts. The bankruptcy and district courts approved the assignment, and the lessor and owner of the shopping center appeals. We aré asked to resolve the conflict between 11 U.S.C. § 365(f)(1), which generally allows a debtor to assign its lease notwithstanding a provision restricting…
2Cases cited8 opinions
- Norfolk Redevelopment & Housing Authority v. Chesapeake & Potomac Telephone Co. of VirginiaSupreme Court of the United States · 1983
- In Re Francis A. Arnold, A/K/A Frank Arnold, Debtor. Francis A. Arnold, A/K/A Frank Arnold v. Ruth WeastCourt of Appeals for the Fourth Circuit · 1989
- Sigmon Coal Co. v. ApfelCourt of Appeals for the Fourth Circuit · 2000
- In Re Joshua Slocum Ltd D/B/A Js Acquisition Corporation. Appeal of George Denney, Party in InterestCourt of Appeals for the Third Circuit · 1991
- Algernon L. Butler, Jr., Trustee for Ed Tatum Motors, Incorporated v. David Shaw, IncorporatedCourt of Appeals for the Fourth Circuit · 1996
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3Cited by2 opinions
- In re Toys "R" US, Inc.United States Bankruptcy Court, E.D. Virginia · 2018
- In Re: Trak Auto CorporationCourt of Appeals for the Fourth Circuit · 2004