Chicago judge cut rent by 75% after governor prohibited on-premises dining in the debtor’s restaurant.
In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.
District court reverses and bars Sears from assigning Mall of America lease.