In Re Lco Enterprises, Debtor. Lincoln Alvarado Patrician Associates, Inc. Lpc Alvarado Phase II v. Edward M. Walsh, Trustee

It does seem unfair that the Trustee seeks to “have his leased property and his rent payments, too.” The majority is confident that LCO and Lincoln never intended this result, and I agree. If Lincoln insisted that the Plan of Reorganization contain a provision protecting the $92,007.46 in rent payments from preference attack, LCO and its creditors probably would have agreed to that protection. Unfortunately, the parties did not provide for the rent payments, and this •litigation ensued. The majority is willing to construe the Bankruptcy Code to ameliorate the oversight, I am not.

Let me begin…