green
Positive treatment
Quoted verbatim 1×
4.9 score
“he meaning of the words of section 365(d)(4) is not entirely clear.... he interpretation we believe best comports with congressional intent is the one that preserves the authority of the bankruptcy court to rule on timely filed motions.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
In Re DCT, Inc.
he meaning of the words of section 365(d)(4) is not entirely clear.... he interpretation we believe best comports with congressional intent is the one that preserves the authority of the bankruptcy court to rule on timely filed motions.
discussed
Cited "see"
United States v. Young
See In re Southwest Aircraft Services, Inc., 831 F.2d 848, 851 (9th Cir.1987), ce rt. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988) (literal language of 35(b) deprived sentencing court of jurisdiction when failure to act within the time limit); United States v. Smith, 650 F.2d 206, 209 (9th Cir.1981) (Loss of jurisdiction resulting from an “unreasonable delay” operated as a de facto denial of Rule 35(b) motion); United States v. Minor, 846 F.2d 1184, 1189 (9th Cir.1988) (reversed on other grounds).
discussed
Cited "see"
In re Travel 2000, Inc.
See Southwest Aircraft, Services, Inc. v. City of Long Beach (In re Southwest Aircraft Services, Inc.), 831 F.2d 848 (9th Cir.1987) cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988); In re Perfectlite Co., 116 B.R. 84 (Bankr.N.D.Ohio 1990); In re Cook United, Inc., 83 B.R. 456 (Bankr.N.D.Ohio 1988).
discussed
Cited "see"
Yorkshire v. Internal Revenue Service
See generally In re Southwest Aircraft Services, Inc., 831 F.2d 848, 852-53 (9th Cir.1987), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988) (courts should interpret ambiguous statutes to avoid reaching absurd or inequitable results).
discussed
Cited "see"
In Re Elm Inn, Inc., Debtor. Eldon Anderson Shirley Anderson v. Elm Inn, Inc. Continental Savings of America
See In re Southwest Aircraft Servs., Inc., 53 B.R. 805, 811 (Bankr.C.D.Cal.1985) (granting surrender order), aff'd, 66 B.R. 121 (Bankr.9th Cir.1986), rev’d on other grounds, 831 F.2d 848 (9th Cir.1987), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988); In re Gillis, 92 B.R. 461, 469 (Bankr.D.Haw.1988) (approvingly citing O.P.
cited
Cited "see"
In Re Advanced Electronics, Inc.
See In re Southwest Aircraft Services, Inc., 831 F.2d 848, 849 (9th Cir.1987), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988).
cited
Cited "see"
In Re Victoria Station Incorporated, Debtor. Willamette Waterfront, Ltd. v. Victoria Station Incorporated, and Jerry W. Marlow, Esq.
See In re Southwest Aircraft Services, Inc., 831 F.2d 848, 849 (9th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988).
discussed
Cited "see, e.g."
GSL of Ill, LLC v. McCaffety Electric Co. (In Re Demay International LLC)
Associates v. American Healthcare Management, Inc., 94 B.R. 420, 422 (N.D.Tex.1989) (because the words of § 365(d)(4) are not “entirely clear,” “a more liberal interpretation of the statute is necessary to effectuate the intent of Congress” and “allow the Bankruptcy Court to continue to grant extensions to a debtor if the first extension was requested within the [initial period] and all'subsequent extensions are sought prior to the expiration of a current extension and if cause exists for each extension”), aff' d, Matter of American Healthcare Management, Inc., 900 F.2d 827, 829-3…
discussed
Cited "see, e.g."
In Re DBSI, Inc.
See, e.g., In re Southwest Aircraft Servs., Inc., 831 F.2d 848, 854 (9th Cir.1987) cert denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988) (“Congress intended the bankruptcy courts to have the discretion to consider all of the particular facts and circumstances involved in each bankruptcy case and to decide whether the consequence of a violation of subsection (d)(3) should be forfeiture of the unassumed lease, some other penalty, or no penalty at all.”); In re Mr. Gatti’s, 164 B.R. at 946 (“This court however believes that Congress chose not to spell out the consequences o…
discussed
Cited "see, e.g."
Brinkman v. Gilligan
Stanley v. Darlington County School District, 84 F.3d 707, 716 (4th Cir.1996); see also Harris v. Angelina County, Texas, 31 F.3d 331 , 340 (5th Cir.1994) ("we can think of few greater intrusions on state sovereignty than requiring a state to respond, in federal court, to a claim for contribution brought by one of its own counties"), Kelley v. Metropolitan County Board of Education of Nashville & Davidson County, 836 F.2d 986, 998 (6th Cir.1987), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988) (federal court may not “be called upon to adjudicate an internal dispute [ove…
discussed
Cited "see, e.g."
DeKalb County School District v. Schrenko
The legislative debate over such allocation is uniquely an exercise of state sovereignty.” Stanley v. Darlington County School District, 84 F.3d 707, 716 (4th Cir.1996); see also Harris v. Angelina County, Texas, 31 F.3d 331 , 340 (5th Cir.1994) (“we can think of few greater intrusions on state sovereignty than requiring a state to respond, in federal court, to a claim for contribution brought by one of its own counties”), Kelley v. Metropolitan County Board of Education of Nashville & Davidson County, 836 F.2d 986, 998 (6th Cir.1987), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L…
cited
Cited "see, e.g."
Inland's Monthly Income Fund, L.P. v. Duckwall-Alco Stores, Inc. (In Re Duckwall-Alco Stores, Inc.)
See, e.g., In re Southwest Aircraft Services, Inc., 831 F.2d 848, 850-51 (9th Cir.1987) (legislative history), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988); In re Laurence R.
discussed
Cited "see, e.g."
In Re Chris-Kay Foods East, Inc.
See also In re Southwest Aircraft Services, Inc., 66 B.R. 121, 123 (9th Cir.B.A.P.1986), rev’d on other grounds 831 F.2d 848 (9th Cir.1987), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988); In re Hawaii Dimensions, Inc., 47 B.R. 425, 427-428 (D.Haw.1985); In re Mead, 28 B.R. 1000 (E.D.Pa.1983); In re Bernard, supra. Contra In re Picnic ‘N Chicken, Inc., 58 B.R. 523, 525-526 , 14 B.C.D. 208 , 14 C.B.C.2d 475 (Bankr.S.D.Cal.1986); In re Storage Technology Corp., 53 B.R. 471 (Bankr.D.Colo.1985).
discussed
Cited "see, e.g."
In the Matter of American Healthcare Management, Inc., a Delaware Corporation, Debtor. Chapman Investment Associates v. American Healthcare Management
Compare In re Southwest Aircraft Servs., 831 F.2d 848, 853 (9th Cir.1987) (court may rule on motion to assume lease brought within sixty-day period after period has expired), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2848 , 101 L.Ed.2d 885 (1988) and In re Garrett Road Supermarket, Inc., 89 B.R. 514, 516-19 (Bankr.E.D.Pa.1988) (same), aff'd, 95 B.R. 902 (E.D.Pa.1989) with In re House of Deals of Broward, Inc., 67 B.R. 23, 24 (Bankr.E.D.N.Y.1986) (court may not rule on a timely filed motion after sixty-day period has expired).
discussed
Cited "see, e.g."
Luethje v. Peavine School District
See Conaway, 853 F.2d at 797 ; see also Piver v. Pender County Bd. of Educ., 835 F.2d 1076 , 1081 (4th Cir.1987) (though school board has le gitimate interest in maintaining harmony among school employees, threat of “turmoil,” without other evidence regarding impairment of school’s function, cannot justify restrictions on speech of public concern), cert. denied, — U.S. -, 108 S.Ct. 2847 , 101 L.Ed.2d 885 (1988).
discussed
Cited "see, e.g."
Luethje v. Peavine School District
See Conaway, 853 F.2d at 797 ; see also Piver v. Pender County Bd. of Educ., 835 F.2d 1076 , 1081 (4th Cir.1987) (though school board has legitimate interest in maintaining harmony among school employees, threat of "turmoil," without other evidence regarding impairment of school's function, cannot justify restrictions on speech of public concern), cert. denied, --- U.S. ----, 108 S.Ct. 2847 , 101 L.Ed.2d 885 (1988).
Retrieving the full opinion text from the archive…
Schuylkill County Tax Claim Bureau
v.
Tremont Township
v.
Tremont Township
No. 87-1772.
Supreme Court of the United States.
Jun 20, 1988.
Published
Citer courts: E.D. Michigan (1)
Pa. Commw. Ct. Certio-rari denied.