Frontage Props. V. Chow (In re S&A Rest. Corp.)
Sep
10
2010
Ruling
Addendum to rejected commercial lease could not be enforced.
Procedural posture
Creditor, the landlord of a chapter 7 debtor, sought a declaration pursuant to 28 U.S.C.S. § 2201 et seq. that an addendum to a lease of commercial property might be enforced despite a rejection of the lease by defendant Chapter 7 trustee. The trustee sought attorneys' fees and filed a motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Both parties filed summary judgment motions.
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Court
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