Title Yvonne Thompson-Mendez
Entered
Case Number
04-33853
Summary

Before the Court was Debtor’s Emergency Motion to Enforce the Automatic Stay. The Court held that a lease that is deemed rejected pursuant to 11 U.S.C. 365(d)(1) is not automatically abandoned. Therefore, a debtor’s interest in the unperformed agreement remains property of a debtor’s estate. A creditor must obtain relief from stay from the Bankruptcy Court before pursuing an action in state court to recover possession of the leased premises.

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