In re Summers

ORDER

W. HOMER DRAKE, Jr., Bankruptcy Judge.

This case is before the Court on the above-referenced debtors’ motion to assume and assign a lease and the lessor’s motion to deny approval of assumption and assignment. The lessor, Claude W. Bailey, asserts that he terminated his lease with the debtors prior to the date they filed their Chapter 11 petition. The Court conducted a hearing on this matter on May 25, 1988, and requested the parties to submit briefs within ten days1 on the issues of whether the lease in question had been validly terminated prior to the date of the petition and whether…