§ 365(d)

Lewellen v. Access Group Inc. (In re Lewellen)

Plaintiff debtor sought a determination that her student loans should be discharged under 11 U.S.C.S. § 523(a)(8), because repayment of those loans would impose an undue hardship on her.
Ruling: 
Student loan debt discharged for undue hardship except for portion on which debtor had not sought to make good faith effort to repay.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0111-013

In re WCI Cmtys. Inc.

A commercial lessor that leased certain real property to a chapter 11 debtor filed an application for an allowed administrative expense claim pursuant to 11 U.S.C.S. § 365(d)(3) and /or 11 U.S.C.S. § 503(b). It sought administrative expense priority for its claim against the debtor for certain ad valorem taxes owing under the leases.
Ruling: 
Commercial lessor not entitled to administrative expense claim for taxes not supported by terms of lease.
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Commercial case opionion summary, case decided on September 02,2010, LexisNexis #0910-115

In re Walls

This matter came before the court for a hearing on debtor's proposed chapter 13 plan.
Ruling: 
Confirmation denied for lack of good faith based on totality of circumstances.
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Consumer case opionion summary, case decided on June 02,2010, LexisNexis #0910-026

In re BH S&B Holdings LLC

Debtors filed for chapter 11 relief and rejected two leases. Under 11 U.S.C.S. §§ 365 and 503, the landlords filed proofs of claim seeking administrative expense status for payments due upon the termination of two leases, as well as for rent, maintenance, real estate taxes, and utility charges. The debtors, debtors-in-possession, and the official committee of unsecured creditors objected to the proofs of claim.
Ruling: 
Deferred payment obligations under rejected leases were general unsecured claims.
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Commercial case opionion summary, case decided on April 07,2010, LexisNexis #0610-045

In re Deli Den LLC

Creditor lessor filed an emergency motion for the debtor to surrender leased premises pursuant to 11 U.S.C.S. § 365(d)(4).
Ruling: 
Emergency motion for debtor to surrender premises granted as lease was deemed rejected when debtor failed to assume or reject.
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Commercial case opionion summary, case decided on March 12,2010, LexisNexis #0510-010

In re Lowe

Before the court was a movant's request to enforce an executory contract relating to a real property. No response or opposition to the requested relief was filed by debtors, debtors' counsel, or the chapter 7 Trustee.
Ruling: 
Executory contract could not be enforced as it was deemed rejected.
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Consumer case opionion summary, case decided on March 04,2010, LexisNexis #0510-115

In re DFI Proceeds Inc.

In this chapter 11 case, claimant landlord filed a motion for an administrative claim for postpetition rent, to which the unsecured creditors' committee objected.
Ruling: 
Debtor's landlord entitled to administrative expense claim for rent at original, not later increased, rate.
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Commercial case opionion summary, case decided on February 09,2010, LexisNexis #0510-116

In re Maison Grande Condo. Assn

Debtor, a condominium association, sought relief in an emergency motion to reject an unexpired lease.
Ruling: 
Debtor condominium association could reject 99-year lease with developer for swimming pool and parking area as exercise of business judgment.
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Commercial case opionion summary, case decided on January 13,2010, LexisNexis #0310-079

In re Vigo

Creditor landlord filed a motion requesting that postpetition commercial rent for the chapter 7 debtors' commercial space be classified as an administrative expense claim pursuant to 11 U.S.C.S. § 503(b)(1)(A). The debtors argued that the claim was a general unsecured claim since the rental payments did not benefit the estate.
Ruling: 
Claim for postpetition commercial rent pursuant to lease deemed rejected 120 days after petition date was a general unsecured claim.
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Commercial case opionion summary, case decided on November 16,2009, LexisNexis #1209-114

In re C.W. Mining Co.

The chapter 7 trustee filed a motion to assume a certain coal operating agreement and related assumption motions. Movant creditor filed a motion for summary judgment denying the motion and finding that the contracts were deemed rejected under 11 U.S.C.S. § 365(d)(4), and for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1).
Ruling: 
Curing of default and providing adequate protection were not prerequisites for trustee's assumption of coal mine operating agreement.
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Commercial case opionion summary, case decided on October 23,2009, LexisNexis #1209-077

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