IN RE TREAT FITNESS CENTER, INC.

Bankruptcy No. 3-85-00428 LK, BAP No. NC 85-1455 EAsM.

60 B.R. 878 (1986)

In re TREAT FITNESS CENTER, INC., Debtor(s). TREAT FITNESS CENTER, INC., Appellant(s), v. RAINBOW INVESTMENT CO., Appellee(s).

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided April 21, 1986.


Attorney(s) appearing for the Case

Brian Beckwith, Fitzpatrick Professional Center, Redwood City, Cal., for appellant(s).

Jonathan S. O'Donnell, Horwich & Warner, San Francisco, Cal., for appellee(s).

Before ELLIOTT, ASHLAND and MEYERS, Bankruptcy Judges.


OPINION

PETER M. ELLIOTT, Bankruptcy Judge:

This is an expedited appeal under Ninth Circuit Bankruptcy Appellate Panel Rule 6 decided without oral argument.

The debtor, a tenant of appellee, appeals from an order declaring its lease rejected by virtue of 11 U.S.C. § 365(d)(4). This section provides that unless a lease of nonresidential property is assumed or rejected within 60 days from the order for relief, the lease is deemed to be rejected...

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