In Re Victoria Station Incorporated, and Its Subsidiaries. Robert E. Turgeon, Successor Trustee v. Victoria Station Incorporated

Turgeon, trustee, appeals from the Bankruptcy Appellate Panel’s order, 69 B.R. 110 (D.Cal.1986), reversing the bankruptcy court’s final order which denied Victoria Station’s motion to assume a nonresidential lease as untimely. The Bankruptcy Appellate Panel determined that the service of the motion on the last date permitted for assumption, followed by a timely filing of the motion with the bankruptcy court, satisfied the requirements for assumption of the lease. We affirm.

Victoria Station, Inc. and its subsidiaries (collectively referred to as Debtor) filed voluntary petitions in the bankruptcy court for the Northern District of California under Chapter 11 of the Bankruptcy Code on May 20, 1986. Concurrently therewith, the Debtor filed a joint plan of reorganization. On May 28,1986, the Debtor filed a motion to extend the time to assume or reject certain enumerated leases until the time of plan confirmation. However, in its motion, the Debtor failed to include an unexpired lease of nonresidential real property located in Kansas City, Missouri.

Saturday, July 19, 1986, was the sixtieth day after the order for relief was entered in this case. On Monday, July 21,1986, the Debtor…