Legal Opinion
K-4, Inc. v. Midway Engineered Wood Products, Inc. (In re Treesource Industries, Inc.)
Court of Appeals for the Ninth Circuit
Decided April 12, 2004No. 03-35018PublishedCited by 2 opinions
1Opinion of the Court
RYMER, Circuit Judge:
We must decide whether obligations under the terms of a lease on commercial property to remove a concrete slab and restore the premises to them pre-lease condition arose prior to the trustee’s rejection of the lease, and thus should be treated as an administrative expense claim, or upon rejection such that the lessor’s claims for damages are unsecured.
K-4, Inc. and Midway Engineered Wood Products, Inc. (Midway) were parties to a nonresidential real property lease. Midway was one of the debtors in the administratively consolidated Chapter 11 bankruptcy cases of TreeSource…
2Cases cited3 opinions
- In Re Almac's, Inc.United States Bankruptcy Court, D. Rhode Island · 1994
- Cukierman v. Uecker (In re Cukierman)Court of Appeals for the Ninth Circuit · 2001
- In Re Ernst Home Center, Inc.United States Bankruptcy Court, W.D. Washington · 1997
3Cited by2 opinions
- In Re Designer Doors, Inc.United States Bankruptcy Court, D. Arizona · 2008
- In Re Treesource Industries, Inc., Debtor, K-4, Inc. v. Midway Engineered Wood Products, Inc. Official Unsecured Creditors' Committee/post-Confirmation CommitteeCourt of Appeals for the Ninth Circuit · 2004