IN RE PIN OAKS APARTMENTS

Bankruptcy No. 80-00076-HP.

7 B.R. 364 (1980)

In re PIN OAKS APARTMENTS, Alleged Partnership, Debtor.

United States Bankruptcy Court, S.D. Texas, Houston Division.

November 21, 1980.


Attorney(s) appearing for the Case

David Askanase, Houston, Tex., for Trustee.

Van Oliver, Thompson & Knight, Dallas, Tex., for ICM Realty.

James R. O'Donnell, Butler, Binion, Rice, Cook & Knapp, Houston, Tex., for Robert E. Tesch.

Clark G. Thompson, Houston, Tex., for Pin Oaks Apartments.


MEMORANDUM OPINION

WILLIAM M. SCHULTZ, Bankruptcy Judge.

The matter before the Court is whether a trustee can assume a lease pursuant to § 365 of the Code and, contemporaneously sublease under § 363, not assign, the property under different contractual terms than those provided in the original lease.

ICM Realty, a real estate investment trust, executed a lease, as landlord, on December 23, 1969, with John W. Jennings, et al, as tenant...

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