People's Capital & Leasing Corp. v. Big3D, Inc. (In Re Big3D, Inc.)

PAPPAS, BAP Chief Judge, with whom JURY, Bankruptcy Judge, joins,

concurring:

We agree with our colleagues that the decision of the bankruptcy court denying *231secured creditor PCLC “retroactive” adequate protection payments should be affirmed. However, we should not sustain this result merely because it was an appropriate exercise of judicial discretion by the bankruptcy court as this Panel authorized in In re Deico. Instead, we should affirm because the bankruptcy court’s holding is compelled by both the terms of the Bankruptcy Code and important pragmatic considerations. In doing so, we would…