Legal Opinion

Cukierman v. Uecker (In Re Cukierman)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 29, 1999No. BAP Nos. NC-98-1890-MeRRy, NC-99-1045-MeRRy. Bankruptcy No. 92-48391 NKPublishedCited by 4 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge.

I

These appeals involve the scope of Bankruptcy Code (“Code”) Section 365(d)(3) and a landlord’s entitlement under that section to an administrative claim when a debtor does not meet postpetition obligations under a lease of real property.

The Chapter 11 debtor’s lease required the payment of certain obligations embodied in two promissory notes. The amounts were designated as rent under the lease. The landlord claimed that the amount in question, as well as attorney’s fees and interest, fell under Section 365(d)(3). The debtor argued that the amount due under the…

2Cases cited15 opinions

In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
Kashani v. Fulton (In Re Kashani)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
In Re Mark Anthony Construction, Inc., Debtor. United States of America v. Ian Ledlin, TrusteeCourt of Appeals for the Ninth Circuit · 1989
Great Western Saving Bank v. Orvco, Inc. (In Re Orvco, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
In Re Pacific-Atlantic Trading Co., a California Corporation, Debtor. Edward F. Towers, Trustee v. Chickering & Gregory, a PartnershipCourt of Appeals for the Ninth Circuit · 1994

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3Cited by4 opinions

Cukierman v. Uecker (In re Cukierman)Court of Appeals for the Ninth Circuit · 2001
In Re Eastern Agri-Systems, Inc.United States Bankruptcy Court, E.D. North Carolina · 2000
Kir Temecula, L.P. v. LPM Corp. (In Re LPM Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
In Re: Moshe Eliezer CukiermanCourt of Appeals for the Ninth Circuit · 2001