(Bankr. E.D. Ky. Sep. 8, 2014)
The bankruptcy court holds that a lease of property for purposes of erecting and maintaining a billboard is a lease of real property and thus the lessee may retain its rights under the lease upon rejection of the lease by the trustee, pursuant to 11 U.S.C. § 365(h)(1)(A). The trustee had sold the debtor’s commercial real estate in the bankruptcy, but the billboard lessee refused to relocate following the sale. The trustee sought a judgment declaring the lease rejected, which was granted, and sought injunctive relief ordering the lessee to vacate the premises, which was denied. Opinion below.