Opinion
Case No. 01-72167-DHA.
August 2, 2004
REMAND ORDER
This matter came before the Court on LaSalle National Trust's (one of the Debtor's landlords) request for reconsideration of the Court's March 4, 2002 Memorandum Opinion and Order authorizing Trak Auto to assume and assign to AE Stores, Inc., Trak Auto's nonresidential real property lease covering retail store number 331 located in the West Town Shopping Center in Chicago, Illinois. In an April 24, 2002 Memorandum Opinion and Order, the Court denied LaSalle's request for reconsideration of the March 4, 2002 Order. LaSalle appealed to the United States District Court for the Eastern District of Virginia, which affirmed this Court's findings of fact and conclusions of law.
The United States Court of Appeals for the Fourth Circuit reversed the district court and remanded the case to this Court for entry of an order consistent with the Court of Appeals' April 22, 2004 opinion. See In re Trak Auto Corp., 367 F.3d 237 (4th Cir. 2004). Accordingly, it is
ORDERED that Trak Auto's motion to assume and assign the lease covering retail store number 331 located in the West Town Shopping Center in Chicago, Illinois, to AE Stores Inc. is hereby DENIED under 11 U.S.C. § 365(b)(3)(C).
IT IS SO ORDERED.