In Re Joseph C. Spiess Co.

How courts have described this case

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

• “nowhere does the plain language of Section 365(a) expressly require prior court authorization to assume or reject an executory contract or unexpired lease.”
• court approval a “safeguard” against improper or improvident conduct by the trustee
• not addressing surrender issue but instead concluding that “a trustee’s rejection of a lease should be retroactive to the date that trustee takes affirmative steps to reject such lease such as serving notice of a motion to reject”

Source: CourtListener parenthetical corpus (CC0).