By-Rite Distributing, Inc. v. Brierley (In Re By-Rite Distributing, Inc.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• § 365 contemplates two distinct actions, one by the trustee or debtor-in-possession and one by the court
• trustee assumes lease “when he makes up his mind to do so and communicates his decision in an appropriate manner, such as by filing a motion to assume”
• reversal applies to the interpretation of 11 U.S.C.A. § 365(d)(4) as amended by the 1984 amendments which is not applicable to the case at bar
• In a footnote not germane to the reversed holding in the case, the bankruptcy court noted that principles of waiver and estoppel are available to override section 365(d)(4)
• discussion and analysis of the 1984 BAFJA amendments to § 365
• application or motion within sixty-day period sufficient

Source: CourtListener parenthetical corpus (CC0).