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IN RE TREASURE ISLES HC, INC.

BAP No. 10-8075.

462 B.R. 645 (2011)

In re TREASURE ISLES HC, INC., Debtor. Cousins Properties, Inc., Appellant, v. Treasure Isles HC, Inc., Treasure Isles, Inc., and Pasta Isles, Inc., Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: September 29, 2011.

Attorney(s) appearing for the Case

ARGUED: Brian D. Huben, Katten Muchin Rosenman LLP, Los Angeles, California, for Appellant. Laura Day DelCotto, DelCotto Law Group PLLC, Lexington, Kentucky, for Appellees. ON BRIEF: Brian D. Huben, Katten Muchin Rosenman LLP, Los Angeles, California, Adam R. Kegley, Frost Brown Todd LLC, Lexington, Kentucky, for Appellant. Laura Day DelCotto, Christina E. Hayne, Delcotto Law Group PLLC, Lexington, Kentucky, for Appellees.

Before: FULTON, HARRIS, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

THOMAS FULTON, Bankruptcy Judge.

Appellant appeals the bankruptcy court's September 22, 2010 order (the "Appealed Order"), which held that the deadline set forth in 11 U.S.C. § 365(d)(4) for assuming a nonresidential real property lease is satisfied upon the debtor filing a motion to assume the lease. For the reasons that follow, we AFFIRM the Appealed Order.

I. ISSUES ON APPEAL

Is the deadline set forth in 11 U.S.C. §...

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