§ 365(d)(4)

Hartford Court Dev., Inc., In re

Ruling: 
Lease between debtor and the condominum is deemed rejected as debtor neither filed amotion to assume the lease within the 120-day period nor requested and extension of time todo so. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on January 25,2018, LexisNexis #0318-006

Hartford Court Dev., Inc., In re

Ruling: 
Lease between debtor and the condominum is deemed rejected as debtor neither filed amotion to assume the lease within the 120-day period nor requested and extension of time todo so. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on January 25,2018, LexisNexis #0318-006

Georgia Capital Grp. LLC v. Strick Chex Newnan One LLC (In re Strick Chex Newnan One LLC)

Ruling: 
Lease deemed rejected could not be assumed by trustee following conversion.
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Commercial case opionion summary, case decided on May 12,2016, LexisNexis #0616-109

Mayaguez Med. Cntr. Dr. Ramon Emeterio Betances Inc. v. Mayaguez Advanced Radiotherapy Ctr. (In re Mayaguez Advanced Radiotherapy Ctr.)

Ruling: 
Debtor could enforce timely assumed contract.
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Commercial case opionion summary, case decided on February 27,2015, LexisNexis #0315-111

In re Simbaki Ltd.

Ruling: 
Lease assumed by trustee prior to deadline but not approved by court until after the deadline was not deemed rejected.
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Commercial case opionion summary, case decided on October 15,2014, LexisNexis #1114-041

Agri Star Meat & Poultry LLC v. Nevel Props. Corp. (In re Nevel Props. Corp.)

Ruling: 
Contract involving well deemed rejected.
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Commercial case opionion summary, case decided on August 28,2014, LexisNexis #0914-110

In re Parrott Broad. Ltd. Pship

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.
Ruling: 
Claim under lease that was not timely assumed by debtor disallowed.
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Commercial case opionion summary, case decided on May 13,2013, LexisNexis #0613-008

In re Dickinson Theaters Inc.

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.
Ruling: 
Confirmation denied for seeking to extend period for assumption or rejection beyond confirmation date.
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Commercial case opionion summary, case decided on December 04,2012, LexisNexis #0113-079

Cousin Props. v. Treasure Isles HC Inc. (In re Treasure Isles HC Inc.)

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.
Ruling: 
Filing of motion to assume lease properly held to satisfy deadline.
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Commercial case opionion summary, case decided on September 29,2011, LexisNexis #1111-075

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