§ 365(d)

In re Hawker Beechcraft Inc.

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).
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.
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Commercial case opionion summary, case decided on December 07,2012, LexisNexis #0113-010

In re Dickinson Theaters Inc.

The court held an evidentiary hearing on confirmation of debtor's First Amended and Restated Plan of Reorganization Dated November 5, 2012, as modified during the confirmation hearing (the Plan). Two objections to confirmation were filed, one by the Treasurer of Maricopa County, Arizona, which the court stated debtor would resolve by agreement, and one by two creditors.
Ruling: 
Confirmation denied for seeking to extend period for assumption or rejection beyond confirmation date.
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Commercial case opionion summary, case decided on December 04,2012, LexisNexis #0113-079

In re Epic Energy Res. Inc

A creditor of chapter 11 debtors filed a motion for an order requiring payment pursuant to the debtor's joint plan of reorganization.
Ruling: 
Creditor's failure to enforce its right to payment under § 365(d)(3) or debtor's plan constituted a waiver of any administrative claim.
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Commercial case opionion summary, case decided on August 08,2012, LexisNexis #0812-112

Super Nova 330 LLC v. Gazes

Plaintiff landlord appealed from a judgment of the United States District Court, which affirmed a judgment of the bankruptcy court denying the landlord's 11 U.S.C.S. § 365(d)(3) claim for recovery of post-petition rent, attorneys' fees, and interest, for the period between defendant debtor's chapter 7 bankruptcy filing date and the date a warrant of eviction was executed.
Ruling: 
Lease was "unexpired" where debtor tenant had the power to revive the lease under applicable state law.
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Commercial case opionion summary, case decided on August 02,2012, LexisNexis #0812-111

In re Leather Factory Inc.

Objector's challenge to administrative claims of two ex-landlords of a chapter 11 debtor's stores raised issues per 11 U.S.C.S. § 365(d)(3) including whether rent for the period between the petition date and the date on which the first postpetition lease payment was due, known as "stub rent," was a prepetition unsecured claim or an 11 U.S.C.S. § 503 administrative claim and the proper application per 11 U.S.C.S. § 502 of security deposits.
Ruling: 
Landlords' claims for "stub rent" were entitled to administrative priority.
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Commercial case opionion summary, case decided on June 09,2012, LexisNexis #0912-105

In re Prentice

Debtor's former employer sought relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) for the limited purpose of proceeding to the state courts to enforce a non-compete clause and/or to otherwise redress the alleged breaches thereof.
Ruling: 
Relief from stay granted to allow debtor's former employer to enforce non-compete clause.
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Consumer case opionion summary, case decided on May 17,2012, LexisNexis #0612-011

Cousin Props. v. Treasure Isles HC Inc. (In re Treasure Isles HC Inc.)

Appellant, an agent for a lessor, sought review of an order from the United States Bankruptcy Court for the Eastern District of Kentucky, which held that the deadline set forth in 11 U.S.C.S. § 365(d)(4) for assuming a nonresidential real property lease was satisfied upon appellee Chapter 11 debtor filing a motion to assume the lease.
Ruling: 
Filing of motion to assume lease properly held to satisfy deadline.
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Commercial case opionion summary, case decided on September 29,2011, LexisNexis #1111-075

In re Cabi SMA Tower 1 LLP

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.
Ruling: 
Motion to compel immediate assumption or rejection of purchase agreements denied.
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Commercial case opionion summary, case decided on April 05,2011, LexisNexis #0511-112

In re FPSDA I LLC

Debtor franchisees filed petitions under Chapter 11 of the Bankruptcy Code, and the court ordered joint administration of the debtors' bankruptcy estate. The debtors filed a motion for the entry of an order determining, inter alia, that certain nonresidential real property leases they entered did not have to be assumed or rejected pursuant to 11 U.S.C.S. § 365(d)(4). An LLC that sold the franchises opposed the motion.
Ruling: 
Leases that were integrated into franchise agreements did not have to be assumed or rejected within requisite time frame.
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Commercial case opionion summary, case decided on March 22,2011, LexisNexis #0411-110

In re BI-LO LLC

Lessor asked for a ruling that debtor lessees (DIPs) owed additional amounts on account of common area maintenance (CAM) fees chargeable under a lease at lessor's shopping center by reason of certain exterior painting and plumbing work undertaken by lessor. DIPs challenged the motion as untimely and also argued that the disputed charges were not includable in CAM in any event and were not properly charged to the estate.
Ruling: 
Disputed fees under assumed lease were not chargeable to the estate.
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Commercial case opionion summary, case decided on March 02,2011, LexisNexis #0411-005

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