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IN RE CAPELLEN

Bankruptcy No. 84-00048-BKC-TCB.

39 B.R. 40 (1984)

In re Maria Lee CAPELLEN d/b/a Tres Chic, Debtor.

United States Bankruptcy Court, S.D. Florida.

April 20, 1984.

Attorney(s) appearing for the Case

Douglass Wendel, West Palm Beach, Fla., Trustee.

Daniel Bakst, West Palm Beach, Fla., for trustee.

Jack Kirschenbaum, Cocoa Beach, Fla., for purchaser.

Mark D. Bloom, Miami, Fla., for claimants.

Scott Kenney, Fort Pierce, Fla., for debtor.

ORDER WITH REFERENCE TO VERO MALL LEASE

THOMAS C. BRITTON, Bankruptcy Judge.

Two individuals who do business as Vero Mall have moved (C.P. No. 7) for an order confirming that their sub-lease to the debtor of certain premises by an assignment dated September 20, 1982, has expired under the provisions of 11 U.S.C. § 365(d)(1):

"In a case under chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired...

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