Debartolo Properties Management, Inc, et. al v. Deborah Devan, as trustee of Merry-Go Round Enterprises, Inc.
Menter, Rudin & Trivelpiece, P.C. represented shopping center developers who were landlords to Merry-Go-Round in this bankruptcy case in the District of Maryland. The developers appealed from an order of the Bankruptcy Court extending the trustee's time to assume or reject their leases. The Bankruptcy Court had granted an extension of the time to assume or reject the leases. A motion to further extend that time was filed before the expiration of the extension but the Bankruptcy Court did not act on the motion and enter an order granting that extension until after the expiration of the previously extended period. The developers contended on appeal that the Bankruptcy Court lacked jurisdiction to enter the order as the leases were deemed rejected by statute upon expiration of the extended period. The District Court ruled in the developers' favor, vacated the Bankruptcy Court's extension order and determined that the developers were entitled to immediate possession of their property. The developers’ attorney was Kevin M. Newman.
