Case No. 02-02474, (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 2, 2004
ORDER RE (i) KMART CORPORATION’S MOTION TO DISMISS HARVARD REAL ESTATE’S OBJECTION TO ASSUMPTION OF LEASE and (ii) HARVARD REAL ESTATE’S OBJECTION TO ASSUMPTION OF LEASE (ref docket nos. 10044 and 20694)
SUSAN SONDERBY, Chief Judge, Bankruptcy
Harvard Real Estate — Allston, Inc. (“Harvard”) having filed on April 4, 2003 its Objection (the “Objection”) to Kmart Corporation’s assumption of that certain lease (the “Lease”) concerning real property in Brighton, Massachusetts, and Kmart having filed its response to the Objection, and Harvard having filed on January 29, 2004 a withdrawal of the Objection, and Kmart having filed a motion to dismiss with prejudice the Objection, (the “Motion to Dismiss”).
IT IS HEREBY ORDERED that (i) the Motion to Dismiss is granted as set forth herein, (ii) the Objection is dismissed with prejudice as of the Effective Date of Kmart’s Joint Plan of Reorganization, May 6, 2003, (the “Effective Date”), and (iii) Kmart is deemed to have assumed the Lease as of the Effective Date.
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