- 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.
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.
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.
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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Court
:
- 11 U.S.C.
Hitz Rest. Grp., In re
Jun
02
2020
Ruling
Debtor restaurant owner owed at least 25 percent of the rent amount to the creditor even aftergovernor’s order closing restaurants due to COVID-19 triggered the force majeure clause.(Bankr. N.D. Ill.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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Court
:
- 11 U.S.C.
Pier 1 Imps., Inc., In re
May
10
2020
Ruling
Lessors did not have a right to compel payment from debtor tenants as proper remedy was topursue an administrative expense claim. (Bankr. E.D. Va.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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Court
:
- 11 U.S.C.
KDA Grp., Inc., In re--Hertz Gateway Ctr., L.P. v. KDA Grp., Inc.
Jul
08
2016
Ruling
Lessor's motion for allowance and payment of monthly rent as for June and July 2016 granted as agency did not address the lease until July 8, 2016, when it filed an omnibus motion seeking to reject various leases and executory contracts. (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.
In re SRT Solutions LLC
Apr
13
2016
Ruling
Creditor landlord granted an administrative expense claim for postpetition rent.
Issue(s)
Was creditor landlord entitled to an administrative expense claim for postpetition rent?
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Court
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