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IN RE SZENDA

No. 08-30930-HJB.

406 B.R. 574 (2009)

In re William J. SZENDA, Debtor.

United States Bankruptcy Court, D. Massachusetts, Central Division.

June 3, 2009.

Attorney(s) appearing for the Case

David M. Nickless, Nickless & Phillips, PC, Fitchburg, MA, for Debtor.

Richard King, Worcester, MA, Assistant U.S. Trustee.

Denise M. Pappalardo, Worcester, MA, Trustee.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Chapter 13 debtor, William J. Szenda (the "Debtor"), seeks to assume a sublease for the non-residential real estate where he operates a restaurant franchise. The sublessor and franchisor object to assumption of the sublease, because they contend that, before the Debtor can assume the sublease under 11 U.S.C. § 365(a), cross-default clauses in the franchise agreement

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