New Bankruptcy Opinion: IN RE SIMBAKI, LTD – Bankr. Court, SD Texas, 2015

IN RE: SIMBAKI, LTD; dba BERRYHILL BAJA GRILL; dba BERRYHILL BAJA GRILL & CANTINA, Chapter 7, Debtor(s).

Case No. 13-36878

United States Bankruptcy Court, S.D. Texas, Houston Division.

February 27, 2015.

MEMORANDUM OPINION IN SUPPORT OF ORDER DENYING CERTIFICATION TO COURT OF APPEALS

MARVIN ISGUR, Bankruptcy Judge.

Passage Realty, Inc. asks this Court to certify a direct appeal to the Fifth Circuit Court of Appeals under 28 U.S.C. § 158(d)(2)(A)(i).

Passage Realty seeks a ruling on whether this Court erred when it found that a lease, under which Passage was the landlord, was deemed rejected. The Debtor had filed a timely motion to assume the lease. 11 U.S.C. § 365(d)(1). The issue is whether § 365(d)(1) also required entry of an order by the deadline. The Court ruled that a “deemed” rejection had not occurred. Passage disagrees with the ruling.

The appeal is now moot.

Subsequent to the Court finding that a deemed rejection had not occurred, the lease was terminated. See ECF No. 333. Inasmuch as the lease has now been terminated, there is no longer any controversy for any Court to consider. If the appellate Court determines that this Court was correct, the lease is terminated. If the appellate court determines that the Court erred, the lease is terminated.

Because the matter is moot, the Court declines to certify a direct appeal.

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