IN RE CAR-GILL, INC.

Bankruptcy No. 90-13385S.

125 B.R. 133 (1991)

In re CAR-GILL, INC., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

March 20, 1991.


Attorney(s) appearing for the Case

Carol B. Eisenberg, Philadelphia, Pa., for debtor.

James J. O'Connell, Philadelphia, Pa., Asst. U.S. Trustee.

W. Stanley Perry, Philadelphia, Pa., for Landlord.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

At issue in this voluntary Chapter 11 bankruptcy case involving a Debtor-tavern is the crucial question of whether the Debtor's landlord either waived or is estopped from asserting that the Debtor's failure to move to assume or reject its lease within 60 days of its bankruptcy filing, pursuant to 11 U.S.C. § 365(d)(4), is grounds for deeming the lease rejected and terminating the Debtor...

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