§ 365(d)

Rose v. Jaga Inc. (In re Jaga Inc.)

Plaintiff, the trustee of a particular trust, challenged an order of the bankruptcy court, which granted summary judgment to defendant debtors and overruled the trustee's objection that a 1968 land agreement should have been either automatically terminated as an unassumed lease for nonresidential property pursuant to 11 U.S.C. § 365(d)(4) or terminated for breach of an implied covenant.
Ruling: 
Summary judgment order was vacated, and matter was remanded to consider state law since agreement was not true lease that could be assumed or rejected under section 365(d)(4).
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In re Tubular Techs. LLC

A bankruptcy debtor was deemed to have rejected its commercial lease after it failed to obtain an order for an extension of time to accept or reject the lease within the time limit set by 11 U.S.C. § 365(d)(4)(B)(i). The debtor appealed the rejection order and moved the bankruptcy court for a stay of the order pending the appeal.
Ruling: 
Debtor's motion for stay pending appeal was denied since debtor had failed to move for extention of time to accept or reject contract within period allowed.
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In re Tubular Techs. LLC

The debtor filed a motion to extend the time to assume or reject a lease under 11 U.S.C. § 365. The owner of the premises challenged the motion.
Ruling: 
Court denied debtor's motion to extend time to assume or reject lease since deadline to assume had lapsed.
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In re Rafter Seven Ranches L.P.

The instant dispute arose out of four prepetition leases between the creditor, as lessor, and the debtor, as lessee, for the lease of four irrigation sprinkler systems. The debtor filed an objection to the creditor's claim. The creditor filed a motion for an order requiring the debtor to assume or reject the leases pursuant to 11 U.S.C. § 365(d)(2).
Ruling: 
Creditor was denied an order requiring the debtor to assume or reject the leases since the leases were terminated prepetition, but the creditor was permitted to claim rental payments on the leased sprinkler systems.
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In re Phar-Mor Inc.

The cause was before the court on the parties'cross motions for summary judgment on the amount, if any, lessors should be allowed as (i) administrative expenses on lessors'Amended Applications and Requests for Administrative Expenses (Claim Nos. -26 and -09), and (ii) Lessors'proofs of claims, as amended (Claim Nos. 1922 and 1924) for damages arising from the rejection of lessors'equipment leases. Debtor objected to the lessors'four claims.
Ruling: 
Lessors were entitled to administrative rent claims for postpetition rent from the petition date to the contract rejection date.
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In re Winn-Dixie Stores Inc.

Lessor filed an application for payment of administrative expenses for lease payments that accrued pre-petition but were not paid. The debtors filed an objection.
Ruling: 
Lessor was denied an application for payment of rent because the rent obligations accrued pre- petition.
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