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IN RE LEFRAK

Bankruptcy No. 96 B 43478 (SMB), Adversary No. 98-8154A.

223 B.R. 431 (1998)

In re Joseph S. LEFRAK, Debtor. Alexander SCHACHTER, as Trustee of the Estate of Joseph S. Lefrak, Plaintiff, v. Susan LEFRAK, Defendant.

United States Bankruptcy Court, S.D. New York.

August 14, 1998.

Attorney(s) appearing for the Case

Rosenman & Colin LLP, New York City, A. Peter Lubitz, Melissa A. Hager, of counsel, for Plaintiff.

Law Offices of Ian J. Gazes, New York City, Ian J. Gazes, of counsel, for Defendant.

MEMORANDUM DECISION DIRECTING DEFENDANT TO TURN OVER COOPERATIVE APARTMENT

STUART M. BERNSTEIN, Bankruptcy Judge.

Under section 365(d)(1) of the Bankruptcy Code, a chapter 7 trustee must assume or reject a debtor's unexpired lease within sixty days of the order for relief. If he fails to do so, and if the court does not grant him additional time to decide, the lease will be deemed rejected. The primary issue before...

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