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IN RE CARAVANSARY, INC.

BAP No. NC 86-1200 EAsV, Bankruptcy No. 3-85-02386 LK.

67 B.R. 469 (1986)

In re CARAVANSARY, INC., a California corporation, Debtor(s). Joseph S. PASSANISI, Betty Ann Passanisi, Antonio Campilongo and Frances Campilongo, Appellants, v. CARAVANSARY, INC., Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided November 19, 1986.

Attorney(s) appearing for the Case

Paul Varnum, Robert Andrew Harkness, Vaughan, Paul & Lyons, San Francisco, Cal., for appellants.

John T. Hansen, Law Offices of John T. Hansen, San Francisco, Cal., for appellee.

Before ELLIOTT, ASHLAND and VOLINN, Bankruptcy Judges.

OPINION

ELLIOTT, Bankruptcy Judge:

The debtor in possession, Caravansary, Inc., moved to assume its unexpired lease of nonresidential real property from the Passanisis and the Campilongos ("the lessors"). In granting the motion, the bankruptcy court held that the improvements clause contained in Paragraph 24 of the lease was unenforceable because it was too vague to satisfy California's statute of frauds and therefore the debtor did not have to cure the...

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