Legal Opinion
Tebo v. Elephant Bar Restaurant, Inc. (In re Elephant Bar Restaurant, Inc.)
United States Bankruptcy Court, W.D. Pennsylvania
Decided May 9, 1996No. Bankruptcy No. 94-10054-MBM; Motion No. 96-QLF-1Published
1Opinion of the Court
ORDER OF COURT
M. BRUCE McCULLOUGH, Bankruptcy Judge.
AND NOW this 9th day of May, 1996, upon consideration of the motion of Stephen D. Tebo requesting (a) a declaration by this Court that an unexpired lease is terminated pursuant to 11 U.S.C. § 365(d)(4), and (b) surrender to himself and/or immediate possession of the leased premises, it is hereby ORDERED, ADJUDGED, AND DECREED that:
1. Section 365(d)(4) applies to the unexpired lease between Tebo and the debt- or. This Court finds that such lease is precisely the type of arrangement intended by Congress to be affected by § 365(d)(4),…
2Cases cited8 opinions
- In the Matter of Austin Development Company, Debtor. Eastover Bank for Savings v. Sowashee Venture v. Austin Development Company and J.C. Bell, TrusteeCourt of Appeals for the Fifth Circuit · 1994
- CASC Corp. v. Milner (In Re Locke)United States Bankruptcy Court, C.D. California · 1995
- Chatlos Systems, Inc. v. KaplanDistrict Court, D. Delaware · 1992
- In Re Dial-A-Tire, Inc.United States Bankruptcy Court, W.D. New York · 1987
- In Re Fosko Markets, Inc.United States Bankruptcy Court, S.D. New York · 1987
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