In re Eastman Kodak Co.

Chapter 11

MEMORANDUM OF DECISION AND ORDER

ALLAN L. GROPPER, UNITED STATES BANKRUPTCY JUDGE

Introduction

Debtor Eastman Kodak Company (“Kodak”) has moved to assign a ground lease that it previously assumed on August 15, 2012 (the “Motion”). The lease has a prohibition against assignment without the consent of the lessor, and the lessor, ITT Space Systems, LLC (“ITT”), opposes the assignment on the sole ground that Kodak cannot rely on its rights as a debtor to override the anti-assignment provision because it did not seek permission to assign the lease at the time it assumed the lease (within…