§ 365(d)

In re Sportsmans Warehouse Inc.

Bankruptcy debtors operated retail stores in leased premises, and certain of the leases were rejected. Affiliated landlords under the leases moved for allowance and payment of administrative claims for rent, including real property taxes.
Ruling: 
Landlords' administrative claims for rent under rejected leases for the period between the bankruptcy petition dates through the first of the following month denied.
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Commercial case opionion summary, case decided on August 03,2009, LexisNexis #0909-043

Burival v. Creditor Comm. (In re Burival)

Debtors filed petitions under chapter 11 of the Bankruptcy Code, and appellee, the conservator of a landlord's estate, filed a claim in the amount of $ 90,799.22 against the debtors' bankruptcy estates. The bankruptcy court for the District of Nebraska awarded the conservator $ 50,521.65, plus interest and attorneys' fees, and the debtors and the conservator filed cross-appeals.
Ruling: 
Bankruptcy court erred in prorating landlord's claim for unpaid farmland rent.
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Consumer case opionion summary, case decided on June 04,2009, LexisNexis #0709-078

In re R. Ring Enters.

A debtor filed for relief under chapter 11. A landlord moved for an order requiring the debtor to surrender and vacate a premises on the ground that the debtor's prepetition premises leases were terminated by operation of 11 U.S.C.S. § 365(d)(4).
Ruling: 
Leases that debtor proposed to assume were not deemed rejected after 120 days when confirmation of timely filed chapter 11 plan was still pending.
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Commercial case opionion summary, case decided on February 19,2009, LexisNexis #0509-111

In re Circuit City Stores Inc.

Lessors under chapter 11 debtors' leases filed motions seeking to compel immediate payment of the postpetition rent due from the debtors for the period from the petition date through the end of the month (Stub Rent) pursuant to 11 U.S.C.S. § 365(d)(3).
Ruling: 
Claims for stub rent were entitled to administrative expense priority and payable upon effective date of reorganization.
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Commercial case opionion summary, case decided on February 12,2009, LexisNexis #0509-110

In re BH S&B Holdings LLC

Debtor businesses filed petitions under chapter 11 of the Bankruptcy Code and continued to operate two stores that were located on real property that was owned by a landlord. The landlord filed a motion for an order requiring the debtors to perform postpetition lease obligations, pursuant to 11 U.S.C.S. § 365(d)(3), with respect to mechanics' liens that had been placed on its property. The debtors opposed the motion.
Ruling: 
Costs of removal of postpetition, prerejection liens were administrative expense claims.
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Commercial case opionion summary, case decided on February 10,2009, LexisNexis #0309-077

In re Wait

The chapter 7 trustee objected to the debtor's claim of a homestead exemption under Iowa Code §§ 499A.18, 561.16, 561.19, and 561.20. The debtor moved for abandonment of property, asserting that the mortgage encumbering the property was an executory contract under 11 U.S.C.S. § 365(d)(1), and because the trustee did not assume or reject it, it was deemed rejected.
Ruling: 
Mortgage is not an executory contract and need not be assumed or rejected by trustee.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-006

In re Greektown Holdings LLC

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.
Ruling: 
Creditor's motion to compel debtor to assume or reject construction contract denied where postpetition payments were current and project was nearing completion.
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Commercial case opionion summary, case decided on December 16,2008, LexisNexis #0309-076

In re Black Diamond Mining Co. LLC

After involuntary chapter 11 petitions were filed against debtors, sublessors sought an order compelling the debtors to timely perform all of their obligations under sublease agreements pursuant to 11 U.S.C.S. § 365(d)(3).
Ruling: 
Proration rule appropriate for prepetition sublease obligations of involuntary debtor.
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Commercial case opionion summary, case decided on September 18,2008, LexisNexis #0109-044

Keller v. Burnett

Plaintiff property owners moved for partial summary judgment in a quiet title action involving mineral rights, a lease, and an easement. Defendant corporation claimed an interest in the mineral rights, the lease, and an access easement derivative from the lease. The owners moved to strike portions of two affidavits of one of the individual defendants. The matters were before a magistrate judge for a report and recommendation.
Ruling: 
Corporation that purchased assets in bankruptcy sales could not claim interests in abandoned leases.
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Commercial case opionion summary, case decided on July 21,2008, LexisNexis #0808-091

In re Burvial

The conservator for a landlord of chapter 11 debtors filed a motion to allow a claim in the amount of $ 90,799, plus interest and attorneys' fees and costs, as an administrative expense pursuant to 11 U.S.C.S. § 365(d)(3).
Ruling: 
Rent due under postpetition, prerejection cropland lease was an administrative expense only to extent debtor used premises in that period.
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Consumer case opionion summary, case decided on July 09,2008, LexisNexis #0808-041

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