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IN RE JARRIS DISCOUNT TIRE CO., INC.

Bankruptcy No. 83-04129G.

36 B.R. 406 (1984)

In re JARRIS DISCOUNT TIRE CO., INC., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

January 23, 1984.

Attorney(s) appearing for the Case

Marvin Krasny, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., for debtor, Jarris Discount Tire Co., Inc.

Diane J. Sigmund, Bonnie Glantz Fatell, Wexler, Weisman, Forman & Shapiro, Philadelphia, Pa., for landlords, Leonard and Miriam Glantz and Max and Renee Glantz.

Lawrence J. Lichtenstein, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for trustee, Samuel Alper.

Harold K. Cohen, Fellheimer, Eichen & Goodman, Philadelphia, Pa., for Jay Arcus and Harris Katz, officers of the Corp.

Allen S. Kellerman, Philadelphia, Pa., for potential buyer, Deltona Discount Tire, Inc.

Samuel Alper, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether a certain lease is part of the debtor's estate pursuant to section 541(a) of the Bankruptcy Code ("the Code"). Because the lease in question had not been effectively terminated before the order for relief was entered in the instant case, we conclude that said lease is unexpired and, therefore, is property of the debtor's estate.

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