---
title: "Diary assumption of a nonresidential lease from the order for relief"
url: "https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/diary-the-property-notice-in-the-first-days-of-an-administration/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A8-KE20261022-10-US"
practice_area: "Insolvency, Restructuring & Bankruptcy"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Diary assumption of a nonresidential lease from the order for relief

> From the order-for-relief date, diary 120 days and the 60-day performance window, list each unexpired nonresidential real-property lease of which the debtor is the lessee and which the debtor still occupies, and record…

Canonical page: https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/diary-the-property-notice-in-the-first-days-of-an-administration/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Insolvency, Restructuring & Bankruptcy](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the order-for-relief date, diary 120 days and the 60-day performance window, list each unexpired nonresidential real-property lease of which the debtor is the lessee and which the debtor still occupies, and record whether an assumption or a rejection is on the file. Do not decide that the lease is deemed rejected. |
| What the lawyer must review | You decide whether the lease must be assumed or rejected, and you do not treat the diary date as a deemed rejection. 11 U.S.C. § 365(d)(4) says an unexpired lease of nonresidential real property under which the debtor is the lessee shall be deemed rejected, and the trustee shall immediately surrender that property to the lessor, if the trustee does not assume or reject it by the earlier of 120 days after the order for relief or the entry of an order confirming a plan. The court may, before the 120-day period expires, extend that period for 90 days on motion of the trustee or the lessor for cause. A subsequent extension may be granted only upon prior written consent of the lessor in each instance. Section 365(d)(3) says the trustee shall timely perform all obligations of the debtor, except those specified in section 365(b)(2), arising from and after the order for relief under any unexpired lease of nonresidential real property, until the lease is assumed or rejected, notwithstanding section 503(b)(1). The court may extend, for cause, the time for performance of an obligation that arises within 60 days after the order for relief, but not beyond that 60-day period. Acceptance of performance is not a waiver of the lessor's rights. Section 365(d)(4) is not the 60-day rule in section 365(d)(1) for a chapter 7 trustee and residential real property or personal property, and it is not section 365(d)(2), under which a trustee in chapter 9, 11, 12, or 13 may assume or reject residential real property or personal property at any time before confirmation unless the court orders an earlier determination. 11 U.S.C. § 503(b)(1) is the administrative-expense cross-reference in section 365(d)(3). It does not decide that rent is an allowed expense, and it does not make the trustee personally liable. |
| Written for | United States |
| Applies to | [Diary the property notice in the first days of an administration](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/diary-the-property-notice-in-the-first-days-of-an-administration.md) |

## Checking plan

- What the AI does: From the order-for-relief date, diary 120 days and the 60-day performance window, list each unexpired nonresidential real-property lease of which the debtor is the lessee and which the debtor still occupies, and record whether an assumption or a rejection is on the file. Do not decide that the lease is deemed rejected.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The 120-day period and the 90-day extension are for an unexpired nonresidential real-property lease of which the debtor is the lessee.
- A later extension needs the lessor's prior written consent. The first 90-day extension must be sought before the 120 days expire.
- Section 365(d)(3) is performance of lease obligations. It is notwithstanding section 503(b)(1).

## Sources

- [11 U.S.C. § 365](https://www.law.cornell.edu/uscode/text/11/365) (checked 2026-10-22)
- [11 U.S.C. § 503](https://www.law.cornell.edu/uscode/text/11/503) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*