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IN RE CUKIERMAN

BAP Nos. NC-98-1890-MeRRy, NC-99-1045-MeRRy. Bankruptcy No. 92-48391 NK.

242 B.R. 486 (1999)

In re Moshe Eliezer CUKIERMAN, Debtor. Moshe Eliezer Cukierman, Appellant, v. Susan L. Uecker, Trustee for the Estate of Trans-Action Commercial Mortgage Investors, Ltd.; David A. Bradlow, Trustee for the Estate of Trans-Action Commercial Investors, Ltd.: John T. Kendall, Chapter 7 Trustee; and Linda Eskstrom Stanley, United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 29, 1999.

Attorney(s) appearing for the Case

Stephen D. Finestone, Law Offices of Stephen D. Finestone, San Francisco, CA, for Moshe Eliezer Cukierman.

Neil W. Bason, Hovis, Smith, Stewart, Lipscomb & Cross, L.L.P., San Francisco, CA, for Susan L. Uecker and David L. Bradlow.

Before MEYERS, RUSSELL and RYAN, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge.

I

These appeals involve the scope of Bankruptcy Code ("Code") Section 365(d)(3) and a landlord's entitlement under that section to an administrative claim when a debtor does not meet postpetition obligations under a lease of real property.

The Chapter 11 debtor's lease required the payment of certain obligations embodied in two promissory notes. The amounts were designated as rent under the lease...

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