Case No. 00-34533 Jointly Administered.United States Bankruptcy Court, E.D. Virginia, Richmond Division.
June 28, 2004
Troy Savenko, Bruce H. Matson (Va. Bar No. 22874), Troy Savenko (Va. Bar No. 44516), Katherine Macaulay Mueller (Va. Bar No. 44302), LeCLAIR RYAN, A Professional Corporation, Richmond, Virginia, Counsel for the Debtors.
ORDER AUTHORIZING ASSUMPTION OF A NON-RESIDENTIAL REAL PROPERTY LEASE (Temple, Texas-RoomStore 18)
DOUGLAS TICE, Chief Judge, Bankruptcy
This matter came before the Court on the Debtors’ Motion To Assume A Non-Residential Real Property Lease Pursuant To 11 U.S.C. § 365 And Memorandum In Support Thereof (RoomStore #18) (the “Motion”). The Court having reviewed the Motion and having heard the statements of counsel in support of the relief requested therein at a hearing before the Court (the “Hearing”); the Court 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), (c) notice of the Motion (and proposed Order) was sufficient under the circumstances, and (d) the assumption of the Amended Temple Lease is supported by the sound business judgment of the Debtors; and the Court being fully advised in the premises and having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; it is hereby
ORDERED as follows:
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1. The Motion is hereby GRANTED.
2. Capitalized terms not otherwise defined herein shall have the meanings given to them in the Motion.
3. The Debtors are authorized to assume the Amended Temple Lease.
4. The Debtors are not required to make any “cure payments” upon assumption as would otherwise be required pursuant to 11 U.S.C. § 365.
5. The Debtors are further authorized to take all action necessary or appropriate in connection with the assumption of the Amended Temple Lease.
6. Upon entry, the clerk shall serve a copy of this Order to those parties on the Service List attached hereto.
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