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MATTER OF CURIO SHOPPES, INC.

Bankruptcy No. 2-85-00171.

55 B.R. 148 (1985)

In the Matter of CURIO SHOPPES, INC., Debtor.

United States Bankruptcy Court, D. Connecticut.

November 8, 1985.

Attorney(s) appearing for the Case

Martin W. Hoffman, Hartford, Conn., for debtor-in-possession.

Eugene M. Kagan, Hartford, Conn., for Irving Eisenbaum, Landlord.

MEMORANDUM OF DECISION

ROBERT L. KRECHEVSKY, Chief Judge.

I.

ISSUES

The principal issue in this proceeding is whether equitable considerations may be employed in a chapter 11 reorganization case in applying a recent amendment to the Bankruptcy Code — 11 U.S.C. § 365(d)(4) — which grants a landlord of nonresidential real property the right to possession when a lease is not timely assumed.1

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