Debtors filed Chapter 7 case and a non-residential real property lease between Debtors and Creditor was deemed rejected under § 365(d)(4)(A)(I). Subsequently, Debtors converted their case to one under Chapter 13. Creditor filed an application for administrative expense claim for rent arrears that accrued between the filing of the Chapter 7 petition and the lease rejection. Court denied Creditor’s Application for Administrative Expense Claim based on statutory interpretation of §§ 348 & 365. Section 348(d) does not apply to a Chapter 7 to 13 conversion and the interplay of the plain language of §§ 348(c) & 365(d)(3) does not allow for an administrative expense claim.
Date of opinion: 12/23/08
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Tuesday, January 13, 2009
In re Roach, Case No. 08-20667
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