Legal Opinion

In Re NETtel Corp., Inc.

District Court, District of Columbia

Decided April 24, 2002No. 00-01771PublishedCited by 12 opinions

1Opinion of the Court

DECISION RE MOTION OF LASZLO N. TAUBER & ASSOCIATES I, LLC AND 1S5 WEST 50 LLC FOR PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM

S. MARTIN TEEL, Jr., Bankruptcy Judge.

A landlord 1 has filed a motion invoking § 365(d)(3) of the Bankruptcy Code (11 U.S.C.) to seek payment of its chapter 7 administrative expense claim for rent for commercial real property that was leased to the debtor NETtel Corporation, Inc. (“NETtel”) under a prepetition lease. The court holds:

1. The rent claim is entitled to no superpriority over other chapter 7 administrative claims, and hence is not entitled to immediate payment…

2Cases cited20 opinions

Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
In Re LavigneCourt of Appeals for the Second Circuit · 1997
In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000
In the Matter of Handy Andy Home Improvement Centers, Inc., Debtor-Appellee. Appeal of National Terminals CorporationCourt of Appeals for the Seventh Circuit · 1998
In Re: Montgomery Ward Holding Corp. Debtor Centerpoint Properties v. Montgomery Ward Holding CorpCourt of Appeals for the Third Circuit · 2001

15 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

In Re Ames Department Stores, Inc.United States Bankruptcy Court, S.D. New York · 2004
Burival v. Creditor Committee (In Re Burival)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2009
In Re Stone Barn Manhattan LLCUnited States Bankruptcy Court, S.D. New York · 2008
Heathcon Holdings, LLC v. Dunn Industries, LLC (In Re Dunn Industries, LLC)United States Bankruptcy Court, D. Maryland · 2005
Gwinnett Prado, L.P. v. Rhodes, Inc. (In Re Rhodes, Inc.)United States Bankruptcy Court, N.D. Georgia · 2005

7 more not listed; retrieve them via the Exa API.