IN RE VICTORIA STATION INC.

BAP Nos. NC-86-1947 EVMo and NC 86-1976 EVMo, Bankruptcy Nos. 386-01420 JR to 386-01431 JR and 386-01538 JR.

69 B.R. 110 (1986)

In re VICTORIA STATION INCORPORATED, and its subsidiaries, Debtor(s). VICTORIA STATION INCORPORATED, Appellant, v. Robert E. TURGEON, Successor Trustee, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided December 23, 1986.


Attorney(s) appearing for the Case

Richard Levin, Stutman, Treister & Glatt, Los Angeles, Cal., for appellant.

Thomas C. Holman, Pettit & Martin, San Francisco, Cal., for appellee.

Before ELLIOTT, VOLINN and MOOREMAN, Bankruptcy Judges.


ELLIOTT, Bankruptcy Judge:

The debtor appeals from an order denying its motion to assume a non-residential lease on the grounds that the lease was not assumed within sixty days as required by § 365(d)(4).1

Victoria Station has a buyer for the lease for $225,000, if it is permitted to assume and assign the lease. The issue presented is whether the service of a motion to assume on the...

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