Legal Opinion
In Re Bce West, L.P., Debtor, Einstein/noah Bagel Corp. v. Gerald K. Smith
Court of Appeals for the Ninth Circuit
Decided February 14, 2003No. 01-16724PublishedCited by 49 opinions
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge:
This is an appeal from the Bankruptcy Court and the Bankruptcy Appellate Panel (“BAP”) involving the interpretation of the administrative priority given to an obligation under a sublease of commercial property. Appellant, Einstein/Noah Bagel Corporation (“ENBC”) argues that it is entitled to administrative priority for its claims against trustee Gerald K. Smith under 11 U.S.C. §§ 365(d)(3) and 503(b)(1)(A). We hold that ENBC is not entitled to priority because section 365(d)(3) is not applicable to debtors who are lessors. We also hold that ENBC is not entitled…
2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Deal v. United StatesSupreme Court of the United States · 1993
- United States v. Calvin Wayne BucklandCourt of Appeals for the Ninth Circuit · 2002
- In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
7 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- In Re Thomas W. Price, Debtor, Thomas W. Price v. United States TrusteeCourt of Appeals for the Ninth Circuit · 2004
- Elaine Marshall v. J. Marshall, IiiCourt of Appeals for the Ninth Circuit · 2013
- Clare Milne, by and Through Michael Joseph Coyne, Her Receiver v. Stephen Slesinger, Inc.Court of Appeals for the Ninth Circuit · 2005
- Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Pak v. eCast Settlement Corp. (In Re Pak)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
44 more not listed; retrieve them via the Exa API.