In re Bon Ton Restaurant & Pastry Shop, Inc.

MEMORANDUM AND ORDER

ROBERT L. EISEN, Bankruptcy Judge.

This matter was heard upon the application of the debtor-in-possession (“Bon Ton”) for authority to assume its unexpired lease of non-residential real property pursuant to 11 U.S.C. § 565(a). The landlord, Bernard A. Heerey (“Heerey” or “landlord”), contends that Bon Ton must surrender the premises unless it promptly cures all defaults under the lease as a condition to assumption or, alternatively, that the lease has been terminated by operation of law. Presently before the court is Heerey’s motion to compel Bon Ton to replace its present…