In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)

Citation: In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Parent Document: In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Jurisdiction: United States (federal)
Effective Date: 1985-04-22
Original Source: https://www.courtlistener.com/opinion/1898470/in-re-dc-diamond-head-inc/ ↗

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This case presents difficult questions of interpretation of local District of Columbia law with respect to landlords’ and tenants’ rights. Nevertheless, based on my research, I am firmly convinced, for the reasons stated below, that as of the date of the filing of this case the tenant did have a right under local law to avoid forfeiture of the leasehold interest, and, by virtue of the provisions of sections 362(a) and 365(b) and (d) of the Bankruptcy Code (as they apply to cases pending prior to October 8, 1984), that the right to avoid forfeiture (or, expressed differently, the right to redeem) continues to exist and will continue until “any time before the confirmation of *310 a plan” 1

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