In re Ind. Hotel Equities, LLC

Thomas J. Tucker, United States Bankruptcy Judge

I. Introduction

Section 362(b)(10) of the Bankruptcy Code says that the automatic stay of *872§ 362(a) does not apply to any act by a lessor to obtain possession of property it leased to the bankruptcy debtor under a nonresidential lease of real property, if the lease "has terminated by the expiration of the stated term of the lease," either before the bankruptcy case was commenced, or during the case. And Bankruptcy Code § 541(b)(2) says that in that situation, any interest of the debtor under the lease is not property of the bankruptcy estate. This…