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§ 365(d)(2)

Jack, In re

Ruling
Debtor was ordered to assume or reject a rental-purchase agreement of personal property asit was a true lease and not a disguised security agreement. (Bankr. M.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Cases Under Chapters 9, 11, 12 or 13.

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Consumer opinion summary, case decided on July 31, 2017 , LexisNexis #0917-004

Tayfur v. SWEPI LP (In re Tayfur)

Ruling
Motion to reject oil and gas lease denied.
Issue(s)
Should debtor be allowed to reject his oil and gas lease as not being in the best interest of the estate due to the allegedly inadequate amount of compensation received there under and the expectation of securing a new lease that would enable debtor to pay creditors in full?

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Consumer opinion summary, case decided on February 26, 2014 , LexisNexis #0314-076

In re Hawker Beechcraft Inc.

Ruling
Debtor ordered to either assume or rejecting agreement regarding use of Swiss company's intellectual property (IP) in the manufacture, sale and support of aircraft.
Procedural posture

Debtors were a party to an agreement regarding its use of a Swiss company's intellectual property (IP) in the manufacture, sale and support of certain aircraft. The Swiss company (movant) filed a motion to compel the debtors to assume or reject the agreement within a specified time pursuant to 11 U.S.C.S. § 365(d)(2).

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Commercial opinion summary, case decided on December 07, 2012 , LexisNexis #0113-010

In re Cabi SMA Tower 1 LLP

Ruling
Motion to compel immediate assumption or rejection of purchase agreements denied.
Procedural posture

Purchasers of certain of Chapter 11 debtor's property filed a motion pursuant to 11 U.S.C.S. § 365(d)(2) to compel immediate assumption or rejection of the purchase agreements.

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Commercial opinion summary, case decided on April 05, 2011 , LexisNexis #0511-112

In re Greektown Holdings LLC

Ruling
Creditor's motion to compel debtor to assume or reject construction contract denied where postpetition payments were current and project was nearing completion.
Procedural posture

Pursuant to 11 U.S.C.S. § 365(d)(2), a general contractor moved to compel the chapter 11 debtors to assume or reject a construction contract between the contractor and the debtors. If assumed, the contractor sought an adequate assurance of future performance.

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Commercial opinion summary, case decided on December 16, 2008 , LexisNexis #0309-076

In re Rafter Seven Ranches L.P.

Ruling
Creditor was denied an order requiring the debtor to assume or reject the leases since the leases were terminated prepetition, but the creditor was permitted to claim rental payments on the leased sprinkler systems.
Procedural posture

The instant dispute arose out of four prepetition leases between the creditor, as lessor, and the debtor, as lessee, for the lease of four irrigation sprinkler systems. The debtor filed an objection to the creditor's claim. The creditor filed a motion for an order requiring the debtor to assume or reject the leases pursuant to 11 U.S.C. § 365(d)(2).

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opinion summary, case decided on February 10, 2006 , LexisNexis #0306-016