- 11 U.S.C.
In re Century Drive LHDH LLC
Apr
28
2010
Ruling
Debtor-in-possession's assumption of postpetition lease denied as not in best interests of debtor.
Procedural posture
A chapter 11 debtor-in-possession filed a motion for turnover of funds and to assume a prepetition lease under 11 U.S.C.S. § 365. The creditor, which was a holder of a deed of trust on the property, objected on the grounds that the lease was void or voidable because it did not pre- approve the lease as required by the loan agreement with the debtor and that the lease was not in the best interests of the debtor.
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Court
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