In re Southcoast Express Inc.

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Court ruled that the automatic stay did not apply to a lease terminated prepetition by the expiration of the lease term, but an evidentiary hearing was needed to determine if the lease was properly terminated.
Procedural posture: 
A lessor of a commercial property contended that it terminated a bankruptcy debtor's lease of the property before the debtor filed its bankruptcy petition, and thus the automatic bankruptcy stay did not bar the lessor's eviction action under 11 U.S.C. § 362(b)(10). The lessor moved for an order determining that the bankruptcy stay did not apply or granting relief from the stay.
Issue: 
ABI Membership is required to access the full summary of In re Southcoast Express Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member