1. Home
  2. Browse Decisions
  3. F.3d
  4. 360 F.3d
  5. 360 F.3d 291 (2004)
 

IN RE BANKVEST CAPITAL CORP.

No. 03-9006.

360 F.3d 291 (2004)

In re BANKVEST CAPITAL CORP., Debtor. Eagle Insurance Company and Newark Insurance Company, Appellants, v. Bankvest Capital Corp., Appellee.

United States Court of Appeals, First Circuit.

Decided March 15, 2004.

Attorney(s) appearing for the Case

Joseph S.U. Bodoff, with whom Richard P. O'Neil and Bodoff & Slavitt LLP were on brief, for appellants.

Jay L. Gottlieb, with whom Arianna Frankl, Brown Raysman Millstein Felder & Steiner LLP, Frederic D. Grant, Jr., and Grant & Roddy were on brief, for appellee.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

This case presents a narrow but important question of statutory interpretation under the Bankruptcy Code: whether 11 U.S.C. § 365(b)(2)(D) permits the debtor-in-possession to assume an unexpired lease without first curing non-monetary defaults. The Ninth Circuit, in the only court of appeals opinion to address this question, held that non-monetary defaults must be cured before assumption. In re Claremont Acquisition Corp.,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases