IN RE FAS MART CONVENIENCE STORES, INC., (Bankr.E.D.Va. 2003)

In re: FAS MART CONVENIENCE STORES, INC., et al., Chapter 11, Debtors.

Case No. 01-60386-DOT, Procedurally ConsolidatedUnited States Bankruptcy Court, E.D. Virginia, Richmond Division.
May 14, 2003

Benjamin C. Ackerly, Tyler P. Brown, Hunton Williams, Richmond, Virginia, for Keith L. Phillips, Chapter 11 Trustee.

ORDER PURSUANT TO 11 U.S.C. § 365 AUTHORIZING REJECTION OF UNEXPIRED LEASES FOR NON-RESIDENTIAL REAL PROPERTY
DOUGLAS O. TICE, Jr., United States Bankruptcy Judge

This matter came before the Court on the motion (the “Motion”) of Keith L. Phillips (the “Trustee”), the duly appointed Chapter 11 Trustee for the above-captioned debtors (the “Debtors”), for an entry of an order pursuant to 11 U.S.C. § 365 authorizing rejection of certain and unexpired leases of non-residential real property as identified on Exhibit A attached hereto (the “Leases”); the Court having considered the Motion and any related documents and finding that: (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. § 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and (c) notice of the Motion was sufficient under the circumstances; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein,

It is hereby ORDERED that:

1. The Motion is GRANTED.

2. Capitalized terms not defined herein shall have the meaning ascribed to them in the Motion.
3. The Leases are hereby rejected effective as of April 23, 2003 pursuant to 11 U.S.C. § 365.
4. The Clerk of Court shall send a copy of this Order as entered to movant’s counsel at the address below who shall then serve the Order pursuant to the Local Rules.

LOCAL RULE 9022-1(C)(1) CERTIFICATION
I hereby certify that the foregoing order has been either served on or endorsed by all necessary parties.

EXHIBIT A Schedule of Leases

II. SStor
e Nos. Store addresses Landlord Landlord addresses

82 6021 Belmont Rd. Silver Convenience Centers
Richmond, VA 23234 Attention: Mr. Judson Honaker
PO Box 7566
Fredericksburg, VA 22404

109 153 S. Main St. Abercrombie Oil Co.
Chatham, VA 24531 Attn: Milo B. Abercrombie
2930 W. Main St.
Danville, VA 24541

113 504 Kemper Rd. William H. Smith
Danville, VA 24541 115 Linden Dr.
Danville, VA 24541

119 5005 Halifax Rd. Mrs. Lillian Evans
5006 Halifax, VA 24558 PO Box 298
Halifax, VA 24558