United States Sixth Circuit

Where the trustee in a Chapter 7 bankruptcy does not move to assume or reject an outstanding lease of the debtor, under 11 U.S.C. section 365(g)(1), the lease is deemed rejected sixty days after the petition was filed, and the lessor becomes an unsecured creditor with a pre-petition claim for damages.

Appellate Information

• Decided 03/11/2002
• Published 03/11/2002

Judges

• Before:  KEITH, NORRIS, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Kenneth M. Schneider (argued and briefed), Schneider, Miller & Lim, Detroit, MI, for Plaintiff-Appellee., Thomas J. Budzynski (argued and briefed), Clinton, MI, for Defendant-Appellant.