Opinion
Case No. 09-00487.
October 9, 2009
MEMORANDUM DECISION AND ORDER
As noted in In re Gaylor, 379 B.R. 413 (Bankr. D. Conn. 2007), "assumption pursuant to Section 365(p)(2) does not require court approval or other court action. In re Walker, No. 06-11514C-7G, 2007 WL 1297112 (Bankr. M.D.N.C. April 27, 2007); In re Rogers, 359 B.R. 591 (Bankr. D.S.C. 2007)." It is thus
ORDERED that the Motion is denied as unnecessary, provided, further, that the foregoing is not an adjudication of (1) the effect (if any) the Debtor's impending discharge may have in respect of the purportedly assumed Lease Agreement or (2) the enforceability of the Debtor's purported "waive[r]" of such discharge set forth in the Stipulation because neither of such issues is properly before the court.