- 11 U.S.C.
In re Cunningham
May
11
2007
Ruling
Lease deemed rejected despite postpetition amendment where debtor failed to file for assumption prior to deadline.
Procedural posture
The debtors filed for relief under chapter 13 and listed a lease that they had with the landlord for the operation of a coffee shop. Postpetition, the debtors and the landlord agreed to a second amendment of the lease. When the debtors failed to pay the rent as agreed, the landlord filed a motion to declare rejection of the lease and to order surrender to the landlord.
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Court
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