In re Art & Architecture Books of the 21st Century

Good Law
2014 WL 4680899·2014 Bankr. LEXIS 4086·518 B.R. 43
United States Bankruptcy Court, Central District of CaliforniaSeptember 18, 2014No. 2:13-bk-14135-RKCalifornia10,362 words

Opinion

Lead Opinion

Kwan, J.

MEMORANDUM DECISION ON DEBTOR’S REQUEST FOR RELIEF FROM FORFEITURE AND ON DEBTOR’S MOTION TO ASSUME THE MASTER LEASE ON PREMISES AT 5500 WILSHIRE BOULEVARD, LOS 7USTGELES, CALIFORNIA

The above-captioned bankruptcy case came on for trial before the undersigned United States Bankruptcy Judge on April 23, May 7 and 14, 2014, pursuant to the judgment of the United States District Court for the Central District of California (the “District Court Judgment”), entered on January 15, 2014, on the appeal of AERC Desmond’s Tower LLC (“Landlord”), reversing the court’s prior decision granting the motion of Debtor Art and Architecture Books of the 21st Century (“Debtor”) to assume the Master Lease (NNN), 5500 Wilshire Blvd., Los Angeles, California (“Lease”) and remanding for proceedings consistent with the District Court Judgment, specifically, to determine Debtor’s request for relief from forfeiture of the terminated Lease pursuant to state law (i.e., the District Court “concluded that, with respect to Debtor’s eligibility for *45 relief from forfeiture, it would permit the Bankruptcy Court to address the full scope of the arguments and potential factual issues on remand.”)- See District…

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