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IN RE PEABERRY'S LTD.

BAP No. RI 96-035.

205 B.R. 6 (1997)

In re PEABERRY'S LTD. The KRIKOR DULGARIAN TRUST, Creditor-Appellant, v. UNIFIED MANAGEMENT CORP. OF RHODE ISLAND, INC., Creditor-Appellee, Matthew J. McGowan, Esq., Chapter 7 Trustee, Trustee-Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

February 12, 1997.

Attorney(s) appearing for the Case

Andrew S. Richardson, Boyajian, Harrington & Richardson, Providence, RI, for Krikor Dulgarian Trust.

Joseph Avanzato, Adler Pollock & Sheehan Inc., Providence, RI, for Unified Management Corp. of Rhode Island, Inc.

Matthew J. McGowan, Salter, McGowan & Swartz, Providence, RI, for Matthew J. McGowan, Chapter 7 Trustee.

Before GOODMAN, HAINES and CARLO, Bankruptcy Judges.

HAINES, Bankruptcy Judge.

Krikor Dulgarian Trust, former landlord of chapter 11 debtor Peaberry's, Ltd., appeals the bankruptcy court's denial of its motion seeking full payment of pre-assumption rent arrearages from proceeds of the sale of Peaberry's assets. Krikor Dulgarian's motion was opposed below by another of Peaberry's chapter 11 administrative creditors, Unified Management Corporation of Rhode Island, Inc., the appellee here.

The bankruptcy court...

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