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IN RE SIMBAKI, LTD.

No. 13-36878.

520 B.R. 241 (2014)

In re SIMBAKI, LTD; dba Berryhill Baja Grill; dba Berryhill Baja Grill & Cantina, Debtor(s).

United States Bankruptcy Court, S.D. Texas, Houston Division.

Entered October 15, 2014.

Attorney(s) appearing for the Case

John Akard, Jr. , John Akard Jr. P.C., Cypress, TX, Calvin C. Braun , Attorney at Law, Houston, TX, for Debtor.

Nancy Lynne Holley , U.S. Trustee, Houston, TX, for U.S. Trustee.

Julie Mitchell Koenig , Cooper & Scully, PC, Houston, TX, for Trustee.

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

The deadline for the assumption of a nonresidential real property lease is satisfied upon the trustee filing a motion to assume the lease. Simbaki, Ltd. filed a motion to assume its lease with Passage Realty, Inc. prior to the statutory deadline. Accordingly, Simbaki's lease was not terminated by operation of law.

Background

The material facts are not in dispute. Simbaki owns two...

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