In Re Harris Pine Mills

862 F.2d 217 18 Bankr.Ct.Dec. 947 , Bankr. L. Rep. P 72,502 In re HARRIS PINE MILLS, Debtor. Bertha BAKER, Dean Forth, Louise Forth, Tommie Gibson and Betty Gibson, Appellants, v. HARRIS PINE MILLS, Defendant-Appellee, and Unsecured Creditors Committee, Appellee. No. 87-4359. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1988. Decided Nov. 30, 1988. W. Eugene Hallman, Mautz, Hallman & DeVore, Pendleton, Or., for appellants. Leon Simson, Richard Samuels, Ransom, Blackman & Simson, Portland, Or., for defendant-appellee. Mildred Carmack, Schwabe, Williamson & Wyatt, Portland, Or., for appellee. Appeal from the United States District Court for the District of Oregon. Before SCHROEDER, PREGERSON and LEAVY, Circuit Judges. LEAVY, Circuit Judge: 1 Several landowners claim that their agreements with the debtor, Harris Pine Mills, constitute leases under federal or state law, and that the Trustee failed to timely assume the leases pursuant to 11 U.S.C. Sec. 365 (d)(4) (Supp. IV 1986). The bankruptcy court and the district court held the Trustee was under no duty to assume the leases within the time constraints of section 365(d)(4), because the…