In Re William J. Schnabel and Alice M. Schnabel, Bankrupts. Appeal of Mitchell D. Serrano and Martha L. Serrano

HARLINGTON WOOD, Jr., Circuit Judge.

This appeal involves the rights of a trustee in bankruptcy to collect fair rental value for use and occupancy when he has not assumed an unexpired lease. We affirm.

I

The bankrupt, William Schnabel, was a real estate developer who owned a restaurant known as the Harvester Inn. On February 27, 1975 defendants Mitchell and Martha Serrano entered into a two-year lease with Schnabel to operate the Inn. On December 16, 1975 Schnabel filed and was adjudicated a bankrupt. Charles Myler was appointed trustee in bankruptcy on February 26, 1976 and was qualified to act…