Legal Opinion
In re Simbaki, Ltd.
United States Bankruptcy Court, S.D. Texas
Decided October 15, 2014No. 13-36878PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
MARVIN ISGUR, Bankruptcy Judge.
The deadline for the assumption of a nonresidential real property lease is satisfied upon the trustee filing a motion to assume the lease. Simbaki, Ltd. filed a motion to assume its lease with Passage Realty, Inc. prior to the statutory deadline. Accordingly, Simbaki’s lease was not terminated by operation of law.
Background
The material facts are not in dispute. Simbaki owns two restaurants in the Houston area that operate out of leased facilities. Simbaki leases space from Passage Realty, Inc. (“Passage”) for use by one of the restaurants. On…
2Cases cited9 opinions
- Leocal v. AshcroftSupreme Court of the United States · 2004
- United States v. OrellanaCourt of Appeals for the Fifth Circuit · 2005
- In Re Victoria Station Incorporated, and Its Subsidiaries. Robert E. Turgeon, Successor Trustee v. Victoria Station IncorporatedCourt of Appeals for the Ninth Circuit · 1988
- 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
- United States v. Nam Van HoangCourt of Appeals for the Fifth Circuit · 2011
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3Cited by3 opinions
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