- 11 U.S.C.
In re Bachrach Clothing Inc.
Aug
02
2007
Ruling
Debtor's failure to pay real estate taxes for period of tenancy was a default.
Procedural posture
Movant, the vendee of certain of debtor's operating assets, sought an order requiring debtor to pay certain real estate taxes in connection with a lease that vendee was assuming. The taxes at issue related to a period of time during which debtor was in possession of the leasehold, raising the question of whether debtor's failure to pay those taxes constituted a default under 11 U.S.C. § 365(b)(1).
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Court
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