- 11 U.S.C.
Guardian Elder Care at Johnstown, LLC, In re--Erie Acquisition, LLC v. Guardian Elder Care at Jonestown, LLC
Nov
14
2024
Ruling
Motion for immediate payment of postpetition rent denied given the residential nature of the debtor’s skilled nursing and personal care facilities. (Bankr. W.D. Pa.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee to Perform Debtor's Obligations Until Assumption or Rejection.
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Court
:
- 11 U.S.C.
Rite Aid Corp., In re
Oct
24
2024
Ruling
Landlord's motion for payment of administrative claims denied given debtor's filing of assumption schedule was not a formal assumption and the lease subsequently was deemed rejected. (Bankr. D.N.J.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee's Time to Assume or Reject Lease of Nonresidential Real Property.
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Court
:
- 11 U.S.C.
JLM Couture, Inc., In re
Feb
29
2024
Ruling
Debtor was not obligated to pay monthly treble damages as the debtor was not required totimely perform obligations arising between the order for relief and assumption or rejection ofa lease. (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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Court
:
- 11 U.S.C.
Fore Mach., LLC, In re
Aug
21
2023
Ruling
Landlord was entitled to payment of an administrative expense claim to remove and properlydispose of vats of chemical waste left on the leased premises following rejection of the lease.(Bankr. N.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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Court
:
- 11 U.S.C.
Avianca Holdings S.A., In re
Jan
26
2023
Ruling
Creditor lease brokers were entitled to have the court compel the debtor to make timelypayment of certain post-petition amounts due. (Bankr. S.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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Court
:
- 11 U.S.C.
Vital Pharms., Inc., In re
Dec
27
2022
Ruling
Temporary amendment that extended the time period to assume unexpired nonresidential leases applied in all Chapter 11 cases filed in the relevant period. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Payam, Inc., In re
Aug
10
2022
Ruling
Court was justified in vacating the automatic stay where debtor failed to pay post-petition rentand had no prospect of being able to assume the lease. (Bankr. S.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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Court
:
- 11 U.S.C.
Campbell Wings, Inc., In re
Mar
29
2022
Ruling
Court granted the lessor's administrative expense request for expenses incurred during thethree months from when the bankruptcy was filed until the lease was rejected. (Bankr. E.D.Cal.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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Court
:
- 11 U.S.C.
Corporate Colocation, Inc., In re
Mar
24
2022
Ruling
Debtor's motion to extend its deadline to assume or reject unexpired leases was denied as theassumption/rejection deadline may not be extended beyond 300 days following the petitiondate. (Bankr. C.D. Cal.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection;
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Court
:
- 11 U.S.C.
CEC Entm't, Inc., In re
Dec
14
2020
Ruling
Bankruptcy Code lacked authority to alter lease obligations beyond the 60-day windowdespite the COVID-19 pandemic. (Bankr. S.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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