In Re House of Deals of Broward, Inc.
United States Bankruptcy Court, E.D. New York
1Opinion of the Court
DECISION
MARVIN A. HOLLAND, Bankruptcy Judge:
In this case, the court is called upon to determine whether 11 U.S.C. § 365(d)(4) authorizes a Bankruptcy Court to extend the time for a debtor in possession to assume or reject an unexpired lease of nonresidential real property when the motion to extend is filed within 60 days from the commencement of the case, but is heard beyond the 60-day period.
The court holds that under § 365(d)(4) the lease was deemed rejected by operation of law 61 days after the case was filed and therefore this court is not authorized to extend the time to assume or reject…
2Cases cited7 opinions
- By-Rite Distributing, Inc. v. Brierley (In Re By-Rite Distributing, Inc.)District Court, D. Utah · 1985
- In Re Gusam Restaurant Corp., D/B/A Heads & Tails, Debtor. Gusam Restaurant Corp., D/B/A Heads & Tails v. Jules v. Speciner, Esq.Court of Appeals for the Second Circuit · 1984
- In Re Southwest Aircraft Services, Inc.United States Bankruptcy Court, C.D. California · 1985
- In Re Las Margaritas, Inc.United States Bankruptcy Court, D. Nevada · 1985
- In Re Unit Portions of Delaware, Inc.United States Bankruptcy Court, E.D. New York · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Southwest Aircraft Services, Inc.Court of Appeals for the Ninth Circuit · 1987
- In Re Wedtech CorporationUnited States Bankruptcy Court, S.D. New York · 1987
- In the Matter of American Healthcare Management, Inc., a Delaware Corporation, Debtor. Chapman Investment Associates v. American Healthcare ManagementCourt of Appeals for the Fifth Circuit · 1990
- Tigr Restaurant, Inc. v. Rouse S.I. Shopping Center, Inc.District Court, E.D. New York · 1987
- In Re the Casual Male Corp.United States Bankruptcy Court, D. Massachusetts · 1990
11 more not listed; retrieve them via the Exa API.