- 11 U.S.C.
In re Parrott Broad. Ltd. Pship
May
13
2013
Ruling
Claim under lease that was not timely assumed by debtor disallowed.
Procedural posture
Objector chapter 7 trustee challenged an amended proof of claim (POC) filed by a non-lawyer who was CEO of a lessor that was asserting claims under a lease that the debtor was alleged to have assumed, notwithstanding that the lease was expressly nonassignable. Issues included whether the CEO could properly respond to the trustee's objection given the terms of Bankr. D. Idaho R. 7010.1(e)(3) and whether the claim was enforceable in any event.
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Court
:
- 11 U.S.C.
In re Dickinson Theaters Inc.
Dec
04
2012
Ruling
Confirmation denied for seeking to extend period for assumption or rejection beyond confirmation date.
Procedural posture
The court held an evidentiary hearing on confirmation of debtor's First Amended and Restated Plan of Reorganization Dated November 5, 2012, as modified during the confirmation hearing (the Plan). Two objections to confirmation were filed, one by the Treasurer of Maricopa County, Arizona, which the court stated debtor would resolve by agreement, and one by two creditors.
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Court
:
- 11 U.S.C.
Cousin Props. v. Treasure Isles HC Inc. (In re Treasure Isles HC Inc.)
Sep
29
2011
Ruling
Filing of motion to assume lease properly held to satisfy deadline.
Procedural posture
Appellant, an agent for a lessor, sought review of an order from the United States Bankruptcy Court for the Eastern District of Kentucky, which held that the deadline set forth in 11 U.S.C.S. § 365(d)(4) for assuming a nonresidential real property lease was satisfied upon appellee Chapter 11 debtor filing a motion to assume the lease.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re FPSDA I LLC
Mar
22
2011
Ruling
Leases that were integrated into franchise agreements did not have to be assumed or rejected within requisite time frame.
Procedural posture
Debtor franchisees filed petitions under Chapter 11 of the Bankruptcy Code, and the court ordered joint administration of the debtors' bankruptcy estate. The debtors filed a motion for the entry of an order determining, inter alia, that certain nonresidential real property leases they entered did not have to be assumed or rejected pursuant to 11 U.S.C.S. § 365(d)(4). An LLC that sold the franchises opposed the motion.
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Court
:
- 11 U.S.C.
In re BI-LO LLC
Mar
02
2011
Ruling
Disputed fees under assumed lease were not chargeable to the estate.
Procedural posture
Lessor asked for a ruling that debtor lessees (DIPs) owed additional amounts on account of common area maintenance (CAM) fees chargeable under a lease at lessor's shopping center by reason of certain exterior painting and plumbing work undertaken by lessor. DIPs challenged the motion as untimely and also argued that the disputed charges were not includable in CAM in any event and were not properly charged to the estate.
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Court
:
- 11 U.S.C.
In re Deli Den LLC
Mar
12
2010
Ruling
Emergency motion for debtor to surrender premises granted as lease was deemed rejected when debtor failed to assume or reject.
Procedural posture
Creditor lessor filed an emergency motion for the debtor to surrender leased premises pursuant to 11 U.S.C.S. § 365(d)(4).
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Court
:
- 11 U.S.C.
In re Maison Grande Condo. Assn
Jan
13
2010
Ruling
Debtor condominium association could reject 99-year lease with developer for swimming pool and parking area as exercise of business judgment.
Procedural posture
Debtor, a condominium association, sought relief in an emergency motion to reject an unexpired lease.
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Court
:
- 11 U.S.C.
In re C.W. Mining Co.
Oct
23
2009
Ruling
Curing of default and providing adequate protection were not prerequisites for trustee's assumption of coal mine operating agreement.
Procedural posture
The chapter 7 trustee filed a motion to assume a certain coal operating agreement and related assumption motions. Movant creditor filed a motion for summary judgment denying the motion and finding that the contracts were deemed rejected under 11 U.S.C.S. § 365(d)(4), for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1).
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Court
:
- 11 U.S.C.
In re R. Ring Enters.
Feb
19
2009
Ruling
Leases that debtor proposed to assume were not deemed rejected after 120 days when confirmation of timely filed chapter 11 plan was still pending.
Procedural posture
A debtor filed for relief under chapter 11. A landlord moved for an order requiring the debtor to surrender and vacate a premises on the ground that the debtor's prepetition premises leases were terminated by operation of 11 U.S.C.S. § 365(d)(4).
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Court
:
- 11 U.S.C.
Keller v. Burnett
Jul
21
2008
Ruling
Corporation that purchased assets in bankruptcy sales could not claim interests in abandoned leases.
Procedural posture
Plaintiff property owners moved for partial summary judgment in a quiet title action involving mineral rights, a lease, and an easement. Defendant corporation claimed an interest in the mineral rights, the lease, and an access easement derivative from the lease. The owners moved to strike portions of two affidavits of one of the individual defendants. The matters were before a magistrate judge for a report and recommendation.
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Court
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