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MATTER OF SWANTON CORP.

Bankruptcy Nos. 85 B 10523 (PBA), 85 B 11488 (PBA).

58 B.R. 474 (1986)

In the Matter of SWANTON CORPORATION, Kernerco Leasing, Co., Debtors. Roger DAUGHERTY and Janice Daugherty, Clifford Maynard, Thelma Maynard, Gale C. Maynard and Clifford Maynard as executor of the Estate of Berlin Maynard, Leon Huffman and Ruth Huffman, Marvin Thompson, and Birdie Thompson, and Ferrel Thompson and Lassie Thompson, Movants, v. KENERCO LEASING, INC., Respondent.

United States Bankruptcy Court, S.D. New York.

March 11, 1986.

Attorney(s) appearing for the Case

Booth, Marcus & Pierce, New York City, for debtors.

Patterson, Belknap, Webb & Tyler, New York City, for movants.

MEMORANDUM DECISION

PRUDENCE B. ABRAM, Bankruptcy Judge:

The parties have put to the court for resolution an issue respecting the interpretation to be given to Bankruptcy Code § 365(d)(3), a provision added in July 1984 by the Bankruptcy Amendments and Federal Judgeship Act ("BAFJA"). This section provides, inter alia:

"The trustee shall timely perform all the obligations of the debtor, except those specified in section 365(b)(2), arising...

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