In Re Sportsman's Warehouse, Inc.
United States Bankruptcy Court, D. Delaware
1Opinion of the Court
OPINION 1
Re Docket No. 347
SONTCHI, Bankruptcy Judge.
INTRODUCTION
Before the Court is a motion seeking allowance and payment of administrative claims for three types of rent. First, under sections 365(d)(3) and 503(b) of the Bankruptcy Code, the moving landlords seek the allowance and immediate payment of rent for the period from the petition date through the first of the following month, commonly referred to as “stub rent.” Under the Third Circuit’s opinion in Montgomery Ward, the landlord does not have an administrative claim for the stub rent under section 365(d)(3) as the obligation to pay…
2Cases cited5 opinions
- In Re: Montgomery Ward Holding Corp. Debtor Centerpoint Properties v. Montgomery Ward Holding CorpCourt of Appeals for the Third Circuit · 2001
- In the Matter of Zagata Fabricators, Inc. v. Superior Air Products, CreditorCourt of Appeals for the Third Circuit · 1990
- In Re Goody's Family Clothingm Inc.United States Bankruptcy Court, D. Delaware · 2008
- In Re Stone Barn Manhattan LLCUnited States Bankruptcy Court, S.D. New York · 2008
- Goody's Family Clothing, Inc. v. Mountaineer Property Co. II, LLC (In Re Goody's Family Clothing, Inc.)District Court, D. Delaware · 2009
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- IDL Development, Inc.United States Bankruptcy Court, D. Massachusetts · 2019
- In Re Ace Mortgage Funding, LLCUnited States Bankruptcy Court, D. Delaware · 2011
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