Legal Opinion
Arizona Appetito's Stores, Inc. v. Paradise Village Investment Co. (In re Arizona Appetito's Stores, Inc.)
Court of Appeals for the Ninth Circuit
Decided January 3, 1990No. 88-15147PublishedCited by 4 opinions
1Opinion of the Court
TANG, Circuit Judge:
Arizona Appetite’s Stores, Inc. (Appetite’s), a Chapter 11 debtor-in-possession, appeals the denial of its motion to assume a ground lease for nonresidential real property after having filed a motion to reject the lease. Appetite’s contends that it could assume the lease even after the expiration of the sixty-day period set forth in 11 U.S.C. § 365(d)(4) because its motion to reject, filed within the sixty-day period, prevented the lease from being “deemed rejected” under 11 U.S.C. § 365(d)(4). Court approval, Appetite’s argues, is required to make rejection effective.
Both…
2Cases cited11 opinions
- Charles Laduke v. Alan C. Nelson, Etc.Court of Appeals for the Ninth Circuit · 1985
- National Labor Relations Board v. Lion Oil Co.Supreme Court of the United States · 1957
- Charles Laduke v. Alan C. Nelson, Etc.Court of Appeals for the Ninth Circuit · 1986
- In Re Victoria Station Incorporated, and Its Subsidiaries. Robert E. Turgeon, Successor Trustee v. Victoria Station IncorporatedCourt of Appeals for the Ninth Circuit · 1988
- Sea Harvest Corp. v. Riviera Land Co.Court of Appeals for the Ninth Circuit · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. KoyomejianCourt of Appeals for the Ninth Circuit · 1991
- Artichoke Joe's California Grand Casino v. NortonCourt of Appeals for the Ninth Circuit · 2003
- Confederated Salish & Kootenai Tribes v. United States ex rel. NortonCourt of Appeals for the Ninth Circuit · 2003
- In Re Arizona Appetito's Stores, Inc.Court of Appeals for the Ninth Circuit · 1990