IN THE MATTER OF: STRICK CHEX NEWNAN ONE, LLC, Debtor. GEORGIA CAPITAL GROUP, LLC, Movant, v. STRICK CHEX NEWNAN ONE, LLC, Respondent., 2016 Bankr. LEXIS 2175

Summary

HOLDINGS: [1]-Considering the fact that a lessor is entitled to immediate surrender of the property on rejection under 11 U.S.C.S. § 365(d)(4), once a lease is deemed rejected pursuant to that statute, conversion of the case and the post-dating of the order for relief pursuant to 11 U.S.C.S. § 348(c) do not cause that lease to "revive," and thus the trustee may not assume it. Once the lease is rejected, it is rejected, and the lessor may, as here, seek relief from the automatic stay so that it may pursue its state law remedies; [2]-There did not appear to be any need to adjudicate provisions of the attornment agreement in resolving the lessor's instant motion; [3]-Debtor was the lessee on a lease from the lessor. That lease was not assumed or rejected, so it was deemed rejected as a matter of law 120 days after the petition was filed, and this was sufficient cause to grant stay relief.