In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1

How courts have described this case

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

• concluding that in the section 365 context, “bankruptcy courts may enter retroactive orders of approval, and should do so when the balance of equities preponderates in favor of such remediation.”
• discussing the shopping center amendments in the context of commercial landlords and an office building lease
• “nothing in our holding today precludes a bankruptcy court, in an appropriate section 365(a) case, from approving a trustee’s rejection of a nonresidential lease retroactive to the motion filing date”
• section 365(d)(3) is a “marked departure” from section 503(b)(l)’s allowance only of costs necessary to the preservation of the estate
• landlord moved for immediate possession of premises approximately six weeks after motion to reject lease
• “[W]e hold that a rejection of a nonresidential lease under section 365(a) becomes legally effective only after judicial approval has been obtained.”

Source: CourtListener parenthetical corpus (CC0).