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IN RE BONITA GLEN II

No. 92-13010-A11.

152 B.R. 751 (1993)

In re BONITA GLEN II, Debtor.

United States Bankruptcy Court, S.D. California.

April 12, 1993.

Attorney(s) appearing for the Case

David J. Gallo, Fedynyshyn & Gallo, San Diego, CA, for debtor.

Robert E. Darby, Wendy L. Linder, Fulbright & Jaworski, Los Angeles, CA, for State Street Bank and Trust Co.

Herbert Hirsh, Trustee U.T.D., Michele M. Burgart, La Jolla, CA., Todd DerOvanesia, Jr., Karp and Richardson, San Diego, CA.

MEMORANDUM OPINION

LOUISE DeCARL ADLER, Bankruptcy Judge.

Debtor Bonita Glen II ("debtor") moves this Court for an order determining and declaring that a ground lease with an apartment building constructed on the leased property does not constitute a lease of nonresidential real property for purposes of 11 U.S.C. § 365(d)(4).

The Court has jurisdiction pursuant to 28 U.S.C. § 1334(a) and General Order 312-D of the United States District...

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