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IN RE MERCHANTS PLAZA, INC.

Bankruptcy No. 3-83-00505, Adv. No. 3-83-0391.

35 B.R. 888 (1983)

In re MERCHANTS PLAZA, INC., Debtor. SOUTHSIDE LEASING COMPANY, Plaintiff, v. MERCHANTS PLAZA, INC., Defendant.

United States Bankruptcy Court, D. Tennessee.

December 15, 1983.

Attorney(s) appearing for the Case

Charles E. Rader, Knoxville, Tenn., for plaintiff.

Stophel, Caldwell & Heggie, P.C., David E. Fielder, Knoxville, Tenn., for defendant.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The question before the court concerns the curative action necessary as a condition to the assumption of a long-term lease by the debtor in possession, 11 U.S.C.A. § 365(b) (1979). The plaintiff lessor contends that the debtor in possession must pay a rental arrearage in full concomitantly with its assumption of the unexpired lease. In contradistinction, the debtor in possession asserts that a contractual...

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