From the Editor – Leases

By The Honorable William Houston Brown (Retired)

Nonresidential lease deemed rejected when not timely assumed by trustee. Finding that § 365(d)(4)(A) applies in Chapter 13 cases, an unexpired nonresidential lease on which the debtor is lessee must be timely assumed, and the lease was automatically rejected if the trustee does not assume it within 120 days of the petition filing. The plain language of that section does not permit a debtor to assume such a lease. The court discussed two reported cases supporting the debtors’ position that they could assume, but disagreed with them . . .

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure

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By Nathan E. Curtis and Peter Francis Geraci, Geraci Law L.L.C. Debtors who are not current on mortgage or vehicle payments may file for Chapter 13 relief and propose to cure arrears, and force creditors to accept future payments. Mortgage creditors must give multiple notices before taking real estate away from a debtor, but vehicle creditors are allowed to repossess...

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