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§ 365(h)(1)(A)

In re Amicus Wind Down Corp.

Ruling
Rejection of lease denied where debtors could not deliver even constructive possession of premises occupied by sublessee.
Procedural posture

Chapter 11 debtors filed a notice of rejection of an executory contract and unexpired leases, and the over-landlord objected to the proposed rejection of the lease.

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Commercial opinion summary, case decided on February 24, 2012 , LexisNexis #0312-078