Feld v. S & F Concession, Inc. (In Re S & F Concession, Inc.)

OPINION

EMIL F. GOLDHABER, Chief Judge:

This is an issue of first impression in this district. The query presented under 11 U.S.C. § 365(d)(3) of the Bankruptcy Code (“the Code”) as added by the Bankruptcy Amendments and Federal Judgeship Act of 1984 (“the 1984 Act”) is whether the debt- or, as a tenant of a parcel of nonresidential real property, may be compelled to pay immediately all postpetition rental obligations. For the reasons expressed below, we conclude that the debtor must pay immediately all postpetition arrearages under the lease and remain current as future payments come due.

The…