Duquesne Law Review


"Restoring The Necessity Of Timely Court Approval For The Assumption Or Rejection Of Unexpired Leases Under Bankruptcy Code Section 365(d)(4)" deals with the bankruptcy statute which demands that a trustee or debtor-inpossession assume or reject an unexpired lease of nonresidential real property within sixty days after the bankruptcy case commences. A sharp dichotomy has developed between courts which have held that the mandatory court approval of such assumption or rejection must be given within these same sixty days and those that have found such approval need not be obtained within that same time. Given the Supreme Court's recent denial of certiorari for a case ruling on this issue, the authors' review and analysis of the conflict and suggestions for remedial legislation are quite timely.

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