Ranch House of Orange-Brevard, Inc. v. Gluckstern

R. LANIER ANDERSON, III, Circuit Judge:

This case concerns the effect of bankruptcy proceedings on an unexpired lease. The bankruptcy court ruled that the lease in question had been expressly rejected by virtue of the court’s order confirming the debtor’s plan of reorganization. Finding no error in this holding, we affirm on this point. The bankruptcy court further held that doctrines of estoppel and waiver are unavailable as a matter of law once a lease has been expressly rejected. Because we disagree with this holding, we remand for further proceedings before the bankruptcy court.

I. FACTS…