IN RE BUTCHER SHOP AND DELI OF MIAMI, INC.

Bankruptcy No. 83-02260-BKC-TCB.

45 B.R. 239 (1984)

In re: the BUTCHER SHOP AND DELI OF MIAMI, INC., Debtor.

United States Bankruptcy Court, S.D. Florida.

December 26, 1984.


Attorney(s) appearing for the Case

Patricia A. Redmond, Miami, Fla., for Trustee.

Welton Merry, Trustee.

Leonardo A. Canton, Coral Gables, Fla., for debtor.

Mark J. Newman, Walters, Costanzo, Russell, Zyne & Newman, Miami, Fla., for Angel Torres.

William Manker, Miami, Fla., for K.B. Properties, Inc.


ORDER DENYING TRUSTEE'S MOTION TO ASSUME UNEXPIRED LEASE

THOMAS C. BRITTON, Bankruptcy Judge.

The trustee's motion to assume an unexpired business lease (C.P. No. 93) was heard on December 21. The trustee has found a purchaser willing to pay $14,100 for the unexpired term. The landlord has objected, arguing that the trustee's application comes too late and has been rendered moot by 11 U.S.C. § 365(d)(1):

"In a case under chapter 7 of this title...

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