Legal Opinion

In Re the Krystal Co.

United States Bankruptcy Court, E.D. Tennessee

Decided March 12, 1996No. Bankruptcy 95-15306PublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This case is before the court upon the Amended and Restated Motion for Authority to Pay Certain Taxes filed by the Krystal Company, the debtor in this Chapter 11 case. The motion seeks permission of the court to pay in due course the real estate taxes that Krystal is obligated to pay under the terms of the numerous and various nonresidential real property leases to which it is a party. The issue to be decided is whether the taxes constitute “obligations” within the meaning of § 365(d)(3) of the Bankruptcy Code that are required to be paid by the debtor…

2Cases cited8 opinions

  1. In Re Pacific-Atlantic Trading Co., a California Corporation, Debtor. Edward F. Towers, Trustee v. Chickering & Gregory, a PartnershipCourt of Appeals for the Ninth Circuit · 1994
  2. Child World, Inc. v. Campbell/Massachusetts Trust (In Re Child World, Inc.)District Court, S.D. New York · 1993
  3. Inland's Monthly Income Fund, L.P. v. Duckwall-Alco Stores, Inc. (In Re Duckwall-Alco Stores, Inc.)District Court, D. Kansas · 1993
  4. In Re Mr. Gatti's, Inc.United States Bankruptcy Court, W.D. Texas · 1994
  5. In Re RH MacY & Co., Inc.United States Bankruptcy Court, S.D. New York · 1993

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3Cited by33 opinions

  1. In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000
  2. In the Matter of Handy Andy Home Improvement Centers, Inc., Debtor-Appellee. Appeal of National Terminals CorporationCourt of Appeals for the Seventh Circuit · 1998
  3. In Re: Montgomery Ward Holding Corp. Debtor Centerpoint Properties v. Montgomery Ward Holding CorpCourt of Appeals for the Third Circuit · 2001
  4. Koenig Sporting Goods Inc. v. Morse Road Co. (In Re Koenig Sporting Goods Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  5. El Paso Properties Corp. v. Gonzales (In Re Furr's Supermarkets, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 2002

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