· 4/13/2007
Adelphia Business Solutions, Inc., Debtor-Appellee v. Nicholas Abnos
Citations
- 482 F.3d 602
- 58 Collier Bankr. Cas. 2d 8
- 2007 U.S. App. LEXIS 8612
- 48 Bankr. Ct. Dec. (CRR) 34
- 2007 WL 1097078
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that an order allowing retroactive rejection of unexpired commercial lease was not an abuse of discretion where a landlord failed to mitigate damages
- declining to answer whether a bankruptcy court has equitable authority to make its rejection order retroactive
- “During a Chapter 11 reorganization, 11 U.S.C. § 365(a) provides that ‘the trustee, subject to the court’s 13 approval, may assume or reject any executory contract or unexpired lease of the debtor.’” (emphasis added)
- “Rejection” 18 allows a non-debtor contracting party to “seek allowance of its claims . . . with the 19 1 same priority as a general unsecured creditor.”
- “Section 105(a) 17 grants broad equitable power to the bankruptcy courts to carry out the provisions 18 of the Bankruptcy Code so long as that power is exercised within the confines of 67 1 the Bankruptcy Code.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Walker, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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