In Re Christopher Michaels Ristorante, Inc.

MEMORANDUM DECISION (TRUSTEE’S ASSUMPTION OF LEASE TO DEBTOR)

THOMAS C. BRITTON, Bankruptcy Judge.

The trustee in this chapter 11 case seeks leave to assume, under 11 U.S.C. § 365, a lease to the debtor of the premises in which the debtor’s restaurant was operated until it was closed on June 10, 1980. (C. P. No. 10). The landlord, opposing the motion by a motion to strike, (C. P. No. 12), claims to have terminated the lease in accordance with its terms on August 11 and to have re-let the premises on August 26 to a third party. This was two weeks before bankruptcy. The new tenant has joined in…