Envireco International Motors, Inc. v. Elmhurst Transmission Corp. (In Re Elmhurst Transmission Corp.)

DECISION AND ORDER

ROBERT JOHN HALL, Bankruptcy Judge.

This matter was heard by the order to show cause of Envireco International Motors, Inc. (“Envireco”) to enjoin the defendants from terminating Envireco’s sublease. At least one of the defendants made a motion to dismiss for both jurisdictional and substantive reasons.

Envireco was a subtenant of the debtor, Elmhurst Transmission Corp. (“Elmhurst”). On February 14, 1985, this court deemed rejected the debtor’s lease with its landlord. Apparently the debtor’s counsel did not realize debtor’s duty to assume its lease within 60 days of filing…