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IN RE GOODY'S FAMILY CLOTHINGM INC.

No. 08-11133 (CSS).

392 B.R. 604 (2008)

In re GOODY'S FAMILY CLOTHING, INC., et al., Debtors.

United States Bankruptcy Court, D. Delaware.

August 26, 2008.

Attorney(s) appearing for the Case

Gregg M. Galardi (Argued), Marion M. Quirk, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE, for Debtors and Debtors in Possession.

Charlene D. Davis (Argued), Daniel A. O'Brien, Bayard, P.A., Wilmington, DE, Eric J. Snyder, Siller Wilk, LLP, New York, NY, for Bernard Court, LLC, Cookeville Retail Holdings, LLC and Owensboro Town Center.

Regina A. Iorii (Argued), Werb & Sullivan, Wilmington, DE, for Mountaineer Property Co. II, LLC.

Mark T. Hurford (Argued), Kenneth L. Dorsey, Campbell & Levine, LLC, Wilmington, DE, Richard L. Ferrell, Taft Stettinius & Hollister, LLP, Cincinnati, OH, for Libby Westmark Enterprise, LLC and Libby Cross Station Enterprises, LLC.

OPINION1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

INTRODUCTION

"Notwithstanding" is one of the most frequently used and misunderstood words in the legal vocabulary. Its meaning is at the heart of the dispute before the Court. Specifically, can the Court allow an administrative claim for unpaid post-petition rent on behalf of a commercial landlord under section 503(b)(1) of the Bankruptcy Code as...

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