Nonresidential Lease that trustee fails to assume or reject within 120 period

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Debtor assumed lease in Statement of Intention but it seems trustee did not assume or reject lease within 120 day period and now landlord claims under 11 U.S.C. 365 (4)(a) that they modify lease to a month to month. If that is true, has anyone figured out a way to get around this?
Stephen M. Stern, Esq.
Law Office of Stephen M. Stern, PC

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