In Re Burke

By separate Petitions, five different Orders of the Referee are sought to be reviewed. The hearings on them were consolidated upon stipulation.

Each Order involves a ruling upon some aspect of the rights of the parties under the lease of the debtor upon her business premises.

The Petitioners for review in each case are the lessors in that lease, which was dated August 15, 1946, and was for a ten year period beginning with the date of possession by lessee on December 1, 1946. The rental was a guaranteed minimum of $750 per month, plus 7% monthly of the gross receipts in excess of $750. The guaranteed rental due on March 1st, April 1st and May 1st, 1947, was not paid, and the monthly accounting of gross receipts was not delivered. May 24th, 1947 the lessors served written notice that the lessee was in default for failure to pay the guaranteed rental and to make the accountings of gross receipts. And on June 4th, 1947, the lessors served written notice of termination and forfeiture of the lease for such defaults and the failure to cure them in a ten day period.

On June 6th, 1947, the lessee filed the within Petition of .Debtor for an Arrangement under Chapter XI of the Bankruptcy…