§ 365(d)

Mayaguez Med. Cntr. Dr. Ramon Emeterio Betances Inc. v. Mayaguez Advanced Radiotherapy Ctr. (In re Mayaguez Advanced Radiotherapy Ctr.)

Ruling: 
Debtor could enforce timely assumed contract.
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Commercial case opionion summary, case decided on February 27,2015, LexisNexis #0315-111

In re Art & Architecture Books of the 21st Century

Ruling: 
Landlord entitled to indirect payment of postpetition obligations under leases terminated prior to petition date.
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Commercial case opionion summary, case decided on November 26,2014, LexisNexis #1214-112

In re Simbaki Ltd.

Ruling: 
Lease assumed by trustee prior to deadline but not approved by court until after the deadline was not deemed rejected.
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Commercial case opionion summary, case decided on October 15,2014, LexisNexis #1114-041

Agri Star Meat & Poultry LLC v. Nevel Props. Corp. (In re Nevel Props. Corp.)

Ruling: 
Contract involving well deemed rejected.
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Commercial case opionion summary, case decided on August 28,2014, LexisNexis #0914-110

Tayfur v. SWEPI LP (In re Tayfur)

Ruling: 
Motion to reject oil and gas lease denied.
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Consumer case opionion summary, case decided on February 26,2014, LexisNexis #0314-076

Statesboro Mall LLC v. Green (In re Green)

Ruling: 
Landlord not entitled to administrative expense claim for postpetition rent that was guaranteed by debtor.
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Consumer case opionion summary, case decided on January 15,2014, LexisNexis #0214-009

Reed v. Reed (In re Reed)

Ruling: 
False certification of currency of child support payment was grounds for denial of discharge and refiling bar.
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Consumer case opionion summary, case decided on January 14,2014, LexisNexis #0214-032

In re Parrott Broad. Ltd. Pship

Objector chapter 7 trustee challenged an amended proof of claim (POC) filed by a non-lawyer who was CEO of a lessor that was asserting claims under a lease that the debtor was alleged to have assumed, notwithstanding that the lease was expressly nonassignable. Issues included whether the CEO could properly respond to the trustee's objection given the terms of Bankr. D. Idaho R. 7010.1(e)(3) and whether the claim was enforceable in any event.
Ruling: 
Claim under lease that was not timely assumed by debtor disallowed.
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Commercial case opionion summary, case decided on May 13,2013, LexisNexis #0613-008

In re Spanish Peaks Holdings II LLC

Chapter 7 trustee filed a motion to assume a ground lease to certain nonresidential real property as the result of an asset purchase agreement with a buyer who presented the best offer for the debtors' property. The lessees under the ground lease filed an objection to the trustee's motion.
Ruling: 
Motion to assume ground lease to nonresidential real property pursuant to asset purchase agreement granted.
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Commercial case opionion summary, case decided on March 29,2013, LexisNexis #0713-040

WM Inland Adjacent LLC v. Mervyns LLC (In re Mervyns Holdings LLC)

The matter came before the court on the motion of cross-complainant claimant for Summary Judgment to Determine Administrative Priority for Lease Indemnity Claim under 11 U.S.C.S. § 365(d)(3), cross-defendant debtors' Cross-Motion for Summary Judgment.
Ruling: 
Postpetition, prerejection obligations related to lease indemnity claim entitled to administrative expense priority.
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Commercial case opionion summary, case decided on January 08,2013, LexisNexis #0113-112

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