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IN RE BON TON RESTAURANT AND PASTRY SHOP, INC.

Bankruptcy No. 85 B 1755.

55 B.R. 43 (1985)

In re BON TON RESTAURANT AND PASTRY SHOP, INC., Debtor.

United States Bankruptcy Court, N.D. Illinois, E.D.

July 18, 1985.

Attorney(s) appearing for the Case

Robert R. Benjamin & Associates, Ltd., Chicago, Ill., for debtor.

Cory Lipoff, Nachman, Munitz & Sweig, Ltd., Joel Greenblatt, Foss, Schuman, Drake & Barnard, Chicago, Ill., for movant/landlord.

MEMORANDUM AND ORDER

ROBERT L. EISEN, Bankruptcy Judge.

This matter was heard upon the application of the debtor-in-possession ("Bon Ton") for authority to assume its unexpired lease of non-residential real property pursuant to 11 U.S.C. § 565(a). The landlord, Bernard A. Heerey ("Heerey" or "landlord"), contends that Bon Ton must surrender the premises unless it promptly cures all defaults under the lease as a condition to assumption or, alternatively...

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