Case Name:
In re By-Rite Distrib., Inc., 47 B.R. 660 (Bankr.D.Utah)
Judge:
Judge Allen
Date:
Mar-12-1985
Case Number(s):
84A-3050
Status:
PUBLISHED
See 55 B.R. 740 (D.Utah 1985)
Body:
Chapter 11 debtor/lessee filed a motion to assume unexpired leases of non-residential property on the 60th day after the petition was filed, and the matter was not heard by the court until after the 60-day time period required for assumptions, set forth in 11 U.S.C. § 365(d)(4), had expired. The court held that "assumption" requires court approval and, as debtor failed to obtain approval of its motion within the 60-day time period, the leases sought to be assumed had terminated by operation of law and could no longer be assumed. This decision was reversed by the district court in 55 B.R. 740.
Internal Ref:
Opinion 150
File: