§ 365(d)

In re Monahan Ford Corp.

The trustee for a chapter 7 debtor asserted claims against a law firm for legal malpractice in their representation of the then-chapter 11 debtor-in-possession. The trustee filed a motion for partial summary judgment as to all issues except damages and the firm filed a cross motion for summary judgment.
Ruling: 
Law firm's failure to timely assume leases of seek extension was negligent as a matter of law.
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Commercial case opionion summary, case decided on July 02,2008, LexisNexis #0808-061

In re Mitchell

A debtor filed a motion for reconsideration of an order, which dismissed his chapter 7 case for failure to comply with the credit counseling requirement articulated in 11 U.S.C.S. § 109(h).
Ruling: 
Postpetition credit counseling did not satisfy requirement where temporary waiver had been denied.
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Consumer case opionion summary, case decided on June 17,2008, LexisNexis #0708-107

Burvial v. Burvial (In re Burvial)

Hearing was held on the second emergency motion to assume lease or executory contract filed by debtors, and objections thereto filed by three creditors.
Ruling: 
Emergency motion to assume executory leases denied as filed after 120 day deadline.
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Consumer case opionion summary, case decided on April 10,2008, LexisNexis #0508-006

Burival v. Burival (In re Burival)

Hearing was held on the second emergency motion to assume lease or executory contract filed by debtors, and objections thereto filed by three creditors.
Ruling: 
Untimely motion to assume executory leases denied.
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Consumer case opionion summary, case decided on April 10,2008, LexisNexis #0508-113

Hopkins v. Saratoga Holdings LLC (In re Colvin)

Plaintiff chapter 7 trustee brought an adversary proceeding against defendants, two individuals who were parties to a contract that included debtor, seeking to enforce the contract.
Ruling: 
Trustee's failure to timely assume executory contract resulted in rejection and breach, precluding enforcement.
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Consumer case opionion summary, case decided on December 20,2007, LexisNexis #0208-022

In re F.F. Station LLC

A claimant of a chapter 11 debtor requested payment of administrative claims pursuant to 11 U.S.C.S. § 365(d)(3) and § 503(b)(1)(A).
Ruling: 
Administrative expense claims by lessor related to build out of commercial space denied due to failure to comply with conditions of lease and lack of necessity.
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Commercial case opionion summary, case decided on December 03,2007, LexisNexis #0308-113

In re Student Fin. Corp.

Movant, the chapter 7 trustee, sought an order granting summary judgment against claimant creditor, who had moved to compel debtor to assume or reject a lease for a telephone system, to compel immediate payment of certain rent and lease obligations or, in the alternative, to provide adequate protection. The creditor also sought relief from the automatic stay.
Ruling: 
Lease on which debtor had been current had not terminated prior to filing date so that creditor could make claim for rejection damages.
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Commercial case opionion summary, case decided on November 28,2007, LexisNexis #0108-025

In re Rothman

Debtor moved to reject a nonresidential lease debtor had entered into prepetition for premises it had vacated on the same date that debtor filed a petition for relief under chapter 11. The court granted debtor's request to reject the lease, and reserved for a written decision the issue of whether and to what extent debtor was responsible for immediate payment of postpetition rent under 11 U.S.C. § 365(d)(3).
Ruling: 
Rent due under lease prorated for period from petition date to date of rejection.
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In re Cunningham

The debtors filed for relief under chapter 13 and listed a lease that they had with the landlord for the operation of a coffee shop. Postpetition, the debtors and the landlord agreed to a second amendment of the lease. When the debtors failed to pay the rent as agreed, the landlord filed a motion to declare rejection of the lease and to order surrender to the landlord.
Ruling: 
Lease deemed rejected despite postpetition amendment where debtor failed to file for assumption prior to deadline.
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Blair 11D Condo LLC v. Rabin (In re Rabin)

Plaintiff company filed an adversary proceeding complaint against defendant chapter 7 debtor, after he received a discharge and his case was closed, seeking to specifically enforce a prepetition real estate sales contract, in which the debtor had agreed to sell a condominium (condo) to the company. The debtor moved for a rehearing after the court entered a judgment granting the company's claim for specific performance of the contract.
Ruling: 
Contract involving exempt property deemed rejected upon reconsideration as trustee did not assume or reject within 60 days of conversion to chapter 7.
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