Legal Opinion
Guttman v. Xtra Lease, Inc. (In Re Furley's Transport, Inc.)
United States Bankruptcy Court, D. Maryland
Decided June 13, 2001No. 19-12718PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
E. STEPHEN DERBY, Bankruptcy Judge.
I. Issues Presented
In this Chapter 7 case that was converted from Chapter 11, two issues are raised by the Trustee’s motion for partial summary judgment. First, when does a personal property lease payment obligation first arise for purposes of 11 U.S.C. § 365(d)(10)? Second, does Section 365(d)(10) bar, as a matter of law, a personal property lessor from recovering rental charges first arising under its lease during the 59 day period following the petition date as a Chapter…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Allen v. McCurrySupreme Court of the United States · 1980
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- United States v. IrvinCourt of Appeals for the Fourth Circuit · 1993
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Stone Barn Manhattan LLCUnited States Bankruptcy Court, S.D. New York · 2009
- In Re Muma Services Inc.United States Bankruptcy Court, D. Delaware · 2002
- Heathcon Holdings, LLC v. Dunn Industries, LLC (In Re Dunn Industries, LLC)United States Bankruptcy Court, D. Maryland · 2005
- Zions Credit Corp. v. Rebel Rents, Inc. (In Re Rebel Rents, Inc.)United States Bankruptcy Court, C.D. California · 2003
- In re Pettingill Enterprises, Inc.United States Bankruptcy Court, D. New Mexico · 2013