IN RE CONSUMERS IGA THRIFTWAY, INC. (Bankr.E.D.Okla. 2004)

TOM CORNISH, Bankruptcy Judge

THIS MATTER comes before the Court pursuant to the Motion to Approve Agreement to Extend Lease of Real Property filed September 21, 2004, by the Debtor herein, and the Objection to Debtors' Motion to Approve Agreement to Extend Lease of Real Property filed September 27, 2004, by Associated Wholesale Grocers, Inc. and AWG Acquisitions, LLC (collectively, "AWG"). A hearing on the matter was held by the Court on September 28, 2004. The Debtor appeared by and through its counsel, Leonard I. Pataki and Chad J. Kutmas. AWG appeared by and through its counsel, Neal Tomlins. In addition, BancorpSouth, an interested-party herein, appeared by and through its counsel, Ron Wright. At the conclusion of the hearing, the Court read its findings of fact and conclusions of law into the record in open court. In accordance with said findings of fact and conclusions of law,

IT IS HEREBY ORDERED that the Motion to Approve Agreement to Extend Lease of Real Property filed September 21, 2004, by the Debtor herein, be, and the same hereby is, denied without prejudice.

IT IS FURTHER ORDERED that the agreement to extend the lease of real property between James L. Marvin and Pamela S. Marvin and BancorpSouth, be and the same hereby is, not approved for failure to state a claim.