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IN RE RB FURNITURE, INC.

Bankruptcy No. SA 91-40928 JR.

141 B.R. 706 (1992)

In re RB FURNITURE, INC., a Delaware Corporation, Debtor.

United States Bankruptcy Court, C.D. California.

June 4, 1992.

Attorney(s) appearing for the Case

Gary F. Torrell of Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for lessor.

Stephen F. Biegenzahn of Milgrim, Thomajan & Lee, Los Angeles, Cal., for creditors' committee.

Robert Jay Moore of Murphy, Weir & Butler, Los Angeles, Cal., for debtor.

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

Lessor brought a motion to compel payment of post-petition rent under Bankruptcy Code (the "Code") § 365(c)(3), § 363(e), or in the alternative, an application for allowance and payment of rent as an administrative expense under § 503(b)(1)(A). Lessor asserts that Debtor defaulted on its lease by only paying the post-petition portion of real estate taxes due under the lease, thereby terminating...

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