United States Eleventh Circuit

11 USC 365(e)(1), which prohibits termination of contracts and leases upon filing of bankruptcy, does not prohibit a "time is of the essence clause" in an option agreement that makes no mention of bankruptcy even if the clause was added because of bankruptcy concerns.

Appellate Information

• Decided 07/13/2001
• Published 07/13/2001

Judges

• BLACK, Circuit Judge:, Before BLACK and BARKETT, Circuit Judges, and HOBBS , District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• William David Talbert, II,Rebecca B. Creed, Smith, Gambrell & Russell, LLP, Jacksonville, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Betsy C. Cox, Robert T. Hyde, Jr., Rogers, Towers, Bailey, Jones & Gray, Jacksonville, FL, Robert Altman, Palatka, FL, for Defendant-Appellee.