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IN RE Retirement Group, L.L.C., Chapter 11.

MEMORANDUM OPINION AND ORDER RE Debtor's Motion to Reject and Terminate Leases, and For the Approval of the use of Property Outside the Ordinary Course of Business

GEORGE BOSWELL, Bankruptcy Judge

The Court conducted a hearing on Debtor's Motion to Reject and Terminate Leases and Sun Healthcare Group's Objection thereto, on July 2, 1999. FED. R. BANKR. P. 9014. Pursuant to 28 U.S.C. § 157(b)(2), this is a core proceeding. After reviewing the testimony from the hearing and the record as a whole, the Court makes the following findings of facts and conclusions of law. FED. R. BANKR. P. 7052.

At the hearing on the debtor's Motion to Reject and Terminate Leases, the Court granted the debtor's motion to reject the leases with West Tennessee, Inc., and Bibb Health and Rehabilitation, Inc. At the same time of granting this part of the motion, the Court took the debtor's motion to Terminate the leases with West Tennessee, Inc., and Bibb Health and Rehabilitation, Inc., under advisement. Because the Court has reached the conclusion that motions to terminate leases must be brought as an adversary proceeding under 11 U.S.C. § 365, the Court hereby denies the debtor's motion to terminate the leases.

III. ORDER

It is therefore ORDERED that the debtor's Motion to Terminate Leases is DENIED. It is so ordered.

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IN RE RETIREMENT GROUP, L.L.C., (Bankr.W.D.Tenn. 1999)
(Jul 7, 1999)