IN RE BON TON RESTAURANT AND PASTRY SHOP, INC.

Bankruptcy No. 85 B 1755.

52 B.R. 850 (1985)

In re BON TON RESTAURANT AND PASTRY SHOP, INC., Debtor.

United States Bankruptcy Court, N.D. Illinois, E.D.

September 12, 1985.


Attorney(s) appearing for the Case

Robert R. Benjamin & Associates, Ltd., Chicago, Ill., for debtor.

Cory Lipoff, Nachman, Munitz & Sweig, Ltd., Joel Greenblatt, Foss, Schuman, Drake & Barnard, Chicago, Ill., for movant/landlord.


MEMORANDUM AND ORDER

ROBERT L. EISEN, Chief Judge.

This matter was heard upon the motion of the debtor in possession, Bon Ton Restaurant and Pastry Shop, Inc. ("Bon Ton" or "debtor"), for authority to assume an unexpired lease of nonresidential real property under section 365(a) of the Bankruptcy Code. In opposition, the successor-lessor, Bernard A. Heerey ("Heerey" or "lessor") contends that a number of defaults...

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