IN RE PENINSULA GUNITE, INC.

BAP Nos. NC 81-1238 EVG, NC 81-1034 EVG, Bankruptcy No. 5-80-02666-M, Adv. Nos. 810369, 800381.

24 B.R. 593 (1982)

In re PENINSULA GUNITE, INC., a California corporation, Debtor. UNION LEASING COMPANY and Heritage Leasing Company, Appellants, v. PENINSULA GUNITE, INC., Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided September 30, 1982.


Attorney(s) appearing for the Case

Gerard D. Launay, Ross & De Monte, Oakland, Cal., for appellants.

John Norman, San Jose, Cal., for appellee.

Before ELLIOTT, VOLINN and GEORGE, Bankruptcy Judges.


OPINION

PER CURIUM:

Heritage Leasing, Inc. and Union Leasing Corporation appeal from orders denying their priority claims for "the period between the filing of the Chapter 11 and the date they regained possession of the equipment." We hold that the claims of the creditors are entitled to priority as an expense of administration and reverse.

We perceive no meaningful difference between § 64(a)(1) of the former Bankruptcy Act and 11 U.S.C. §...

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