IN RE SOUTHWEST AIRCRAFT SERVICES, INC.

No. 86-6520.

831 F.2d 848 (1987)

In re SOUTHWEST AIRCRAFT SERVICES, INC., Debtor and Debtor-in-Possession, Debtor. SOUTHWEST AIRCRAFT SERVICES, INC., Appellant, v. CITY OF LONG BEACH, and Atlantic Aviation, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1987.


Attorney(s) appearing for the Case

Richard K. Diamond, Danning, Gill, Gould, Diamond & Spector, Los Angeles, Cal., for debtor-appellant.

Robert H. Shutan, Sidley & Austin, Los Angeles, Cal., for appellees.

Before ANDERSON, SKOPIL and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

We are asked here to resolve a question of first impression in the circuit courts regarding the interpretation of section 365(d)(4) of the Bankruptcy Code. 11 U.S.C. § 365(d)(4) (Supp.1985).1 The Code permits a debtor in bankruptcy to assume or reject any unexpired lease it may have. Id. § 365(a). Under section 365(d)(4), a nonresidential lease is deemed rejected by a debtor-lessee unless that...

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