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IN RE CARLTON RESTAURANT, INC.

Bankruptcy No. 92-15106S.

151 B.R. 353 (1993)

In re CARLTON RESTAURANT, INC. d/b/a Corned Beef Academy, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

February 24, 1993.

Attorney(s) appearing for the Case

Arthur P. Liebersohn, Philadelphia, PA, trustee.

Michael H. Kaliner, Jackson, Cook, Caracappa & Bloom, Fairless Hills, PA, for trustee.

Raymond H. Lemisch, Rosanne Miller, Adelman Lavine Gold & Levin, Philadelphia, PA, for debtor.

Martin J. Weis, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, PA, for New Carlton House Partners, Ltd.

Robert A. Rosin, Philadelphia, PA, for Sung Nam Kim.

Frederic Baker, Asst. U.S. Trustee, Philadelphia, PA.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The Trustee of a Debtor-tenant requests that this court approve an assumption and assignment of the Debtor's rights in a rental premises which remain after the landlord, a former debtor, rejected the Lease of the Premises. In what appears to be a matter of first impression, we hold that the rights of the Debtor-tenant under 11 U.S.C. § 365(h) cannot be assigned, and that therefore the...

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