Introducing ATLASLearn more
Legal Opinion

In Re Dulan

United States Bankruptcy Court, C.D. California

Decided September 5, 1985No. Bankruptcy LAX 85-50307-JDPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES R. DOOLEY, Bankruptcy Judge.

This case presents the following questions:

1. Did the debtors assume a lease of nonresidential real property within the time prescribed by 11 U.S.C. § 365(d)(4)?

2. Did the landlord or his predecessor in interest waive the requirement that the lease be assumed within the time prescribed by 11 U.S.C. § 365(d)(4)?

3. Did the debtors timely exercise an option contained in the lease to extend the lease?

4. Are the debtors entitled to equitable relief from their failure to timely exercise the option?

This court concludes that questions 1 and 3…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Farrell v. County of PlacerCalifornia Supreme Court · 1944
  3. Johnson v. First National BankCourt of Appeals for the Eighth Circuit · 1983
  4. In Re By-Rite Distributing, Inc.United States Bankruptcy Court, D. Utah · 1985
  5. Santa Fe Development & Mortgage Corp. v. McCormack (In Re Santa Fe Development & Mortgage Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981

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

3Cited by10 opinions

  1. George Wainer v. A.J. Equities, Ltd.Court of Appeals for the Fifth Circuit · 1993
  2. BSL Operating Corp. v. 125 East Taverns, Inc. (In Re BSL Operating Corp.)United States Bankruptcy Court, S.D. New York · 1986
  3. In Re DamianopoulosUnited States Bankruptcy Court, N.D. New York · 1988
  4. Matter of J. Woodson Hays, Inc.United States Bankruptcy Court, M.D. Florida · 1987
  5. In Re Alba Press, Inc.United States Bankruptcy Court, E.D. New York · 1985

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API