1

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In Re: )

)

MOHAMED A. EL RAFAEI ) Case No. 20-12583 KHK

) Chapter 11

Debtor. )

_______________________________________

CONSENT MOTION TO EXTEND DEADLINE 

TO ASSUME OR REJECT COMMERCIAL REAL PROPERTY LEASE

COMES NOW Mohamed A. El Rafaei, the Debtor and Debtor in Possession 

herein, and hereby files this Consent Motion to extend the deadline to assume or reject 

commercial real property lease, and states as follows:

1. This proceeding was commenced by a voluntary chapter 11 petition, filed 

on November 23, 2020 (the “Petition Date”).

2. The Debtor is a debtor in possession. No trustee or creditors’ committee 

has been appointed in this case.

3. The Debtor’s meeting of creditors was held on December 9, 2020. No 

creditors participated in the meeting.

4. The Debtor is an individual resident of the Commonwealth of Virginia. 

Christopher L. Rogan, Esquire (VSB #30344)

ROGANMILLERZIMMERMAN, PLLC

50 Catoctin Circle, NE, Suite 333

Leesburg, Virginia 20176

(703) 777-8850/Telephone

(703) 777-8854/Facsimile

Counsel to Debtor

Case 20-12583-KHK Doc 76 Filed 02/24/21 Entered 02/24/21 17:56:11 Desc Main

Document Page 1 of 5
2

5. The Debtor owns interests in and operates two businesses; namely, a

interior design and construction consulting business and a restaurant business, Cafe

Concepts, LLC.

6. Cafe Concepts, LLC is a Virginia limited liability company, owned by the 

Debtor and another individual, Anis Rhanime. Each of the members own a 50% interest 

in the business.

7. Cafe Concepts, LLC was in the process of building out its space in early 

2020 when the COVID pandemic began. The pandemic, together with the Debtor’s

financial difficulties,1delayed the completion of the build-out and opening of the 

restaurant.

8. In an effort to raise the funds necessary to fund the completion of the 

build-out and launch of the new business, the Debtor decided to sell his families’ home, 

in which he had significant equity. He listed the home in mid-2020. The Debtor secured 

a contract on the house, but closing was delayed and then, after the bankruptcy was filed, 

the prospective buyer terminated the contract.

9. Immediately following the Debtor’s chapter 11 filing, he obtained a 

replacement contract. A motion for approval of the sale was filed and approved by the 

Court and the sale closed in January 2020.

10. The sale of the Debtor’s home has enabled the Debtor to move forward 

with the completion of the build-out, with anticipated opening of the restaurant by early 

summer 2021.

1

 In addition with the costs of the build-out, which the Debtor and his partner were sharing, and the slow 

down in the Debtor’s other business brought upon by COVID, the Debtor became embroiled in expensive 

litigation with Hanan Khalil, a family friend and customer of the Debtor’s construction consulting business, 

Design 2 Build, LLC.

Case 20-12583-KHK Doc 76 Filed 02/24/21 Entered 02/24/21 17:56:11 Desc Main

Document Page 2 of 5
3

11. Cafe Concepts, LLC is building out and will operate in leased commercial 

space located at 7787 Leesburg Pike, Vienna, Virginia (the “Leased Premises”). The 

Leased Premises is leased by the Debtor and Mr. Rhanime2from Adel Kebaish and 

MD/Tysons LLC (the “Landlord”), pursuant to a commercial real property lease, dated

October 29, 2019 (the “Lease”). 

12. As a result of the delays in completing the build-out and opening of the 

restaurant and the Debtor’s financial difficulties, the Debtor was unable to pay the rent 

for a number of months in 2020, resulting in a rent arrearage of approximately $140,000.

13. Monthly rental payments have now been resumed and it is anticipated that 

rent will continue to be paid pending the opening of the restaurant.

14. The Debtor has been negotiating with the Landlord concerning lease 

arrearages and terms under which the Lease will be assumed. It is anticipated that the

parties will agree to the repayment of the arrearages, in monthly installments, once the 

Lease is assumed and the restaurant opens.

15. The Debtor believes that he should wait to assume the Lease until he has 

a better idea of when the restaurant will open and begin generating revenue.

16. The deadline for assuming or rejecting the Lease is 120 days from the 

Petition Date, or March 23, 2021.

17. By this Consent Motion, the Debtor seeks a 150 day extension of the 

deadline to assume or reject the lease.

18. The Landlord is agreeable to the requested extension.

2

 There is a degree of ambiguity in the Lease in that the lessee is identified as “Mohamed Elrafaei & Anis 

Rhanime doing business as Cafe Concepts, LLC” and Mr. El Rafei is identified as the personal guarantor of 

the Lease. Out of an abundance of caution, this Motion is being filed in the event the Debtor is deemed to 

be the lessee (or one of the lessees) under the Lease. This ambiguity will be resolved and the Lease 

clarified upon assumption of the Lease.

Case 20-12583-KHK Doc 76 Filed 02/24/21 Entered 02/24/21 17:56:11 Desc Main

Document Page 3 of 5
4

19. An extension of the deadline to assume or reject the Lease is justified 

under the circumstances of this case and in the best interest of the Debtor, his creditors 

and his estate.

20. Notice of this Consent Motion has been provided to all creditors and 

parties in interest on February 24, 2021.

 WHEREFORE, based upon the foregoing, the Debtor respectfully requests

entry of an Order extending the deadline to assume or reject the commercial real property 

lease with Adel Kobeish and for such further relief as this Court deems just and proper.

Dated: February 24, 2021 Respectfully submitted,

Mohamed A. El Rafaei

By Counsel

/s/ Christopher L. Rogan

Christopher L. Rogan, Esquire (VSB #30344)

ROGANMILLERZIMMERMAN, PLLC

50 Catoctin Circle, NE, Suite 333

Leesburg, Virginia 20176

(703) 777-8850/Telephone

(703) 777-8854/Facsimile

crogan@RMZLawFirm.com

Counsel to Debtor

Agreed:

Landlord: 

MD/Tysons LLC

By: /s/ Adel Kebaish

 Adel Kebaish, Manager

/s/ Adel Kebaish

Adel Kebaish

Case 20-12583-KHK Doc 76 Filed 02/24/21 Entered 02/24/21 17:56:11 Desc Main

Document Page 4 of 5
5

CERTIFICATE OF SERVICE

I hereby certify that, on this 24

th day of February 2021, a true and accurate copy 

of the foregoing Motion was served, via ECF on all parties requesting notice and on the 

Office of US Trustee, via Email.

 /s/ Christopher L. Rogan

Christopher L. Rogan, Esq.

Case 20-12583-KHK Doc 76 Filed 02/24/21 Entered 02/24/21 17:56:11 Desc Main

Document Page 5 of 5