Legal Opinion
Matter of DiCamillo
United States Bankruptcy Court, D. New Jersey
Decided March 13, 1997No. 19-11774PublishedCited by 13 opinions
1Opinion of the Court
AMENDED OPINION
JUDITH H. WIZMUR, Bankruptcy Judge.
Before the court is an application by debt- or’s landlord for relief from the automatic stay to allow a warrant for the debtor’s removal to be issued to enforce the landlord’s pre-petition judgment for possession. The debtor proposes to assume his residential lease and to cure the rental arrearages owed to the landlord as part of his Chapter 13 plan.
We agree with the debtor that his interest in the lease did not “expire” upon the entry of a judgment of possession, and that he may assume the lease under § 365(a). However, we must reject…
2Cases cited23 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Rake v. WadeSupreme Court of the United States · 1993
- HOUSING AUTHORITY OF TOWN OF MORRISTOWN v. LittleSupreme Court of New Jersey · 1994
- United States v. Stephen A. KnoxCourt of Appeals for the Third Circuit · 1994
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Crawford Square Community v. Turner (In Re Turner)United States Bankruptcy Court, W.D. Pennsylvania · 2005
- Family Kingdom, Inc. v. EMIF New Jersey Ltd. Partnership (In Re Family Kingdom, Inc.)District Court, D. New Jersey · 1998
- In Re Southcoast Express, Inc.United States Bankruptcy Court, D. Massachusetts · 2006
- In Re PRK Enterprises, Inc.United States Bankruptcy Court, E.D. Texas · 1999
- In Re Seven Hills, Inc.United States Bankruptcy Court, D. New Jersey · 2009
8 more not listed; retrieve them via the Exa API.