In re Zota Petroleums LLC
Oct
01
2012
Ruling
Sublessee could retain rights under rejected sublease.
Procedural posture
Movant, a sublessee of debtor, sought orders that its rights under a Sublease rejected by debtor survived the trustee's sale of the property and assignment of lease rights to LLC. At issue was whether the assignment extinguished the 11 U.S.C.S. § 365(h) rights of movant where that assignment was made as part of a transaction including the sale of assets free and clear per 11 U.S.C.S. § 363 and the assumption and assignment of Lease per § 365.
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Court
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