Legal Opinion
Samore v. Boswell (In Re Multech Corp.)
United States Bankruptcy Court, N.D. Iowa
Decided May 21, 1985No. 19-00318PublishedCited by 39 opinions
1Opinion of the Court
MEMORANDUM OPINION ON TRUSTEE'S APPLICATION FOR ADJUDICATION OF LAW POINTS'
WILLIAM W. THINNES, Bankruptcy Judge.
The matter before the Court is an Application for an Adjudication of Law Points which requires the Court to determine the consequences that flow from a postpetition assumption of an unexpired lease. In particular, the Court must decide:(1) whether 11 U.S.C. § 502(b)(7) limits the amount of damages a lessor can claim when an unexpired lease is assumed in bankruptcy proceedings and then subsequently forfeited because of a default by the Debtor-in-Possession.(2) whether the lessor’s…
2Cases cited5 opinions
- In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
- Reading Co. v. BrownSupreme Court of the United States · 1968
- In Re Sapolin Paints, Inc.United States Bankruptcy Court, E.D. New York · 1980
- In Re Chugiak Boat Works, Inc.United States Bankruptcy Court, D. Alaska · 1982
- In Re City Stores Co.United States Bankruptcy Court, S.D. New York · 1982
3Cited by39 opinions
- In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
- In Re Klein Sleep Products, Inc., Debtor. Nostas Associates v. Bernard W. Costich, Chapter 11 Trustee, and Official Committee of Unsecured CreditorsCourt of Appeals for the Second Circuit · 1996
- Elliott v. Four Seasons Properties (In re Frontier Properties, Inc.)Court of Appeals for the Ninth Circuit · 1992
- In Re Jartran, Inc.United States Bankruptcy Court, N.D. Illinois · 1987
- Ford Motor Credit Co. v. Bankruptcy Estate of ParmenterCourt of Appeals for the Sixth Circuit · 2008
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