In re Vause

MEMORANDUM AND ORDER

HOLSCHUH, District Judge.

This matter is before the Court on the appeal of creditor Capital Poly Bag, Inc. (hereinafter “appellant”) from the Bankruptcy Court’s February 10, 1987 order sustaining the objection of debtors Joseph and Virgie Vause (hereinafter “appellees”) to appellant’s claim for rent unpaid as of the date of appellees’ petition for bankruptcy. 72 B.R. 647. The issues before this Court are as follows:

1. whether 11 U.S.C. § 502(b)(6)(B) entitles a lessor of real property to a claim for unpaid prepetition rent where the lease requires rent to be paid annually…