In re Art & Architecture Books of the 21st Century

Good Law
2014 WL 6687580·2014 Bankr. LEXIS 4865·522 B.R. 249
United States Bankruptcy Court, Central District of CaliforniaNovember 26, 2014No. 2:13-BK-14135-RKCalifornia14,593 words

Opinion

Lead Opinion

Kwan, J.

MEMORANDUM DECISION ON MOTION OF AERC DESMOND’S TOWER LLC TO: (1) COMPEL IMMEDIATE PAYMENT BY DEBTOR OF OUTSTANDING OBLIGATIONS TO LANDLORD PURSUANT TO 11 U.S.C. § 365 (d)(3); (2) MODIFY ADEQUATE PROTECTION ORDER BASED ON DEBTOR’S CONTEMPT OF COURT AND OTHER DEVELOPMENTS SUBSEQUENT TO ITS ENTRY

The contested matter of the motion of AERC Desmond’s Tower, LLC (“Landlord”) to: (1) compel immediate payment by Art and Architecture Books of the 21st Century (“Debtor”) of outstanding obligations to Landlord under the Master Lease .pursuant to 11 U.S.C. § 365 (d)(3); (2) modify adequate protection order based on debtor’s contempt of court and other developments subsequent to its entry, came on for hearing before the undersigned United States Bankruptcy Judge on February 19, April 2, May 7 and 14, October 14 and November 18, 2014. The motion is opposed by Debtor and the Official Committee of Unsecured Creditors (“Committee”) in this case. Appearances were made as noted on the record.

The court has jurisdiction over the instant motion under 28 U.S.C. § 1334 . The motion is a core proceeding under 28 U.S.C. §§ 157 (a) and (b)(2)(A) and (M). Venue is proper in this judicial district…

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