Some comments made by the Hon. Judge Carey over last few months
THE COURT: Well, let me stop you and deal with what
18 I think is a threshold matter. That is the argument that the
19 debtor raises that procedurally, what you should have filed is
20 a motion for an order requiring the debtor to assume or reject,
21 but let’s assume, even assuming the debtor is right about that,
22 let’s assume I would be willing to treat your motion in that
23 fashion. But, even if I were to do that, tell me why I would
24 require the debtor to assume -- move to assume or reject, prior
25 to confirmation.
THE COURT: So, unlike what I’ll call round one, at
13 least in front of me, of the battle between Woodbridge and the
14 debtor, you don’t think it’s necessary for me to take any
15 evidence in connection with the respective agreements or the
16 provisions in the agreements that the parties argue are or are
17 not applicable and what the parties meant when they entered
18 into them?
THE COURT: I hear noise coming from the telephone
18 connection. Let me please ask the telephone participants to
19 keep their phones on mute, until such time, if any, as it
20 becomes their turn to speak. Thank you.
'Courts of bankruptcy are essentially courts of equity, and their proceedings inherently are proceedings in equity.'
