In re 2408 W. Kennedy, LLC

Chapter 11

MEMORANDUM OPINION ON LEASE TERMINATION

Michael G. Williamson, United States Bankruptcy Judge

The Debtor’s commercial landlord purportedly terminated the parties’ lease agreement based on a cross-default provision and then sued to evict the Debtor from the premises. The landlord obtained a final judgment for possession and a writ of possession. But the Debtor filed for bankruptcy before the writ of possession was executed. This Court must decide, based on those facts, whether the Debtor’s lease was terminated prepetition, thereby precluding the Debtor from assuming its lease under…