Partial Rejection of Executory Lease Provision
Posted: Tue Mar 01, 2005 1:51 pm
Dear All:
My clients are in Chpater 13 with a very tight budget. They are expected a
tax refund, but they also received a supplemental real property taxes bills.
Can they use the tax refund to pay this additional tax bills, and how?
Thank you in advance for your help.
Jarintorn Tanatchasai
18411 Crenshaw Blvd #424
Torrance, CA 90504
(310) 515-2888
>Reply-To: cdcbaa@yahoogroups.com
>To:
>Subject: RE: [cdcbaa] Partial Rejection of Executory Lease Provision
>Date: Mon, 28 Feb 2005 11:16:35 -0800
>
>
>Can't do this. Must accept the contract as a whole, or reject it as a
>whole. Cannot pick and choose clauses.
>
>David A. Tilem
>Certified Bankruptcy Specialist*
>Law Offices of David A. Tilem
>500 N. Brand Blvd., #460, Glendale, CA 91203
>Tel: 818-507-6000 Fax: 818-507-6800
>
>* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
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>-----Original Message-----
>Sent: Sunday, February 27, 2005 3:23 PM
>To: cdcbaa@yahoogroups.com
>Subject: [cdcbaa] Partial Rejection of Executory Lease Provision
>
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>Has anyone had the opportunity to elect in a Chapter 13 to assume an
>executory lease, but reject a provision of the lease that was not
>material?
>
>I have a potential client with a nonresidential real property lease
>that has a provision in it that if the franchise agreement were
>terminated it would revert to the franchisor. Problem is that the
>lease was entered into by the franchisee and not the franchisor; that
>the lease was amended to add this provision after the lease was
>executed; and there is no recitation of consideration, other than the
>boiler plate. The potential client has been in litigation with the
>franchisor and wants to terminate (reject) the franchise agreement,
>but keep
>the location with all indicia of the franchise removed.
>
>Any sage advice?
>
>Best regards. Lou Esbin
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