Legal Opinion

In Re Pacific-Atlantic Trading Co., a California Corporation, Debtor. Edward F. Towers, Trustee v. Chickering & Gregory, a Partnership

Court of Appeals for the Ninth Circuit

Decided June 20, 1994No. 92-15362PublishedCited by 72 opinions

1Opinion of the Court

Opinion by Judge HUG.

HUG, Circuit Judge:

In this case, we are asked to decide whether a trustee’s failure to pay the full amount of a debtor’s rent obligation, under a nonresidential real estate lease, for the period following the order for relief but prior to rejection of the lease, pursuant to 11 U.S.C. § 365(d)(3), gives rise to an administrative claim for the full amount of the rent accrued during that period, regardless of the actual value conferred by the lease upon the estate. We conclude that it does.

I

FACTUAL AND PROCEDURAL BACKGROUND

In 1986, Chickering and Gregory (“Chick-ering”)…

2Cases cited5 opinions

In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
Great Western Saving Bank v. Orvco, Inc. (In Re Orvco, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
In Re Southwest Aircraft Services, Inc.Court of Appeals for the Ninth Circuit · 1987
In Re Wingspread Corp.United States Bankruptcy Court, S.D. New York · 1990
In Re Tammey Jewels, Inc.United States Bankruptcy Court, M.D. Florida · 1990

3Cited by72 opinions

In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000
In Re Bce West, L.P., Debtor, Einstein/noah Bagel Corp. v. Gerald K. SmithCourt of Appeals for the Ninth Circuit · 2003
In Re at Home Corporation, a Delaware Corporation, Debtor. Pacific Shores Development, LLC v. At Home Corporation, Dba Excite at HomeCourt of Appeals for the Ninth Circuit · 2004
In Re the Krystal Co.United States Bankruptcy Court, E.D. Tennessee · 1996
In Re Lochmiller Industries, Inc.United States Bankruptcy Court, S.D. California · 1995

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