Legal Opinion
In Re Car-Gill, Inc.
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 20, 1991No. 19-11380PublishedCited by 15 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
At issue in this voluntary Chapter 11 bankruptcy case involving a Debtor-tavern is the crucial question of whether the Debt- or’s landlord either waived or is estopped from asserting that the Debtor’s failure to move to assume or reject its lease within 60 days of its bankruptcy filing, pursuant to 11 U.S.C. § 365(d)(4), is grounds for deeming the lease rejected and terminating the Debtor’s tenancy. We find that, by not only accepting rent but also by allowing the Debtor to obtain financing to make and to proceed to make substantial…
2Cases cited31 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Green v. United StatesSupreme Court of the United States · 1957
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- Erie Telecommunications, Inc. v. City of Erie, PennsylvaniaCourt of Appeals for the Third Circuit · 1988
26 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re Richard Buick, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Texaco Inc. v. Board of Commissioners for the LaFourche Basin Levee District (In Re Texaco Inc.)United States Bankruptcy Court, S.D. New York · 2000
- In Re Morningstar Enterprises, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Jones v. GE Capital Mortgage Co. (In Re Jones)United States Bankruptcy Court, E.D. Pennsylvania · 1995
- Official Committee of Unsecured Creditors Ex Rel. Estate of Labrum & Doak v. Bechtle (In Re Labrum & Doak, LLP)United States Bankruptcy Court, E.D. Pennsylvania · 1999
10 more not listed; retrieve them via the Exa API.