Trim Cut Co. v. Beasley (In Re Trim-Lean Meat Products, Inc.)

MEMORANDUM OPINION

BALICK, Bankruptcy Judge.

Trim-Lean Meat Products, Inc. (“Trim-Lean”) is in a reorganization proceeding under Chapter 11 of title 11 U.S.C. On November 1, 1979, Trim Cut Company, Inc. (“Trim Cut”) filed a motion pursuant to 11 U.S.C. § 365(d)(2) seeking an order directing the trustee to either assume or reject the unexpired portion of a lease agreement between Trim Cut and Trim-Lean at a time different from the date of confirmation of a plan. The trustee filed an answer asserting certain defenses and a counterclaim, which was subsequently amended by stipulation and order. The…