Chart House, Inc. v. Maxwell (In Re Maxwell)

MEMORANDUM AND ORDER

MORAN, District Judge.

This is an appeal from a final order entered by the Bankruptcy Court denying plaintiff-appellant’s motion to lift the automatic stay. The opinion of the bankruptcy judge is reported at 30 B.R. 982 (Bkrtcy.N.D.Ill.1983). This court has jurisdiction under 28 U.S.C. § 1334. It is plaintiff-appellant’s position that the stay should be lifted because the sublease and franchise agreement between the parties, which covered a Burger King restaurant, had been terminated prior to the date appellee-defendant filed its Chapter 11 proceeding.

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Section 365(a) of the…