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IN RE ACE MORTGAGE FUNDING, LLC

No. 08-12645 (CSS).

450 B.R. 484 (2011)

In re ACE MORTGAGE FUNDING, LLC, Debtors.

United States Bankruptcy Court, D. Delaware.

April 27, 2011.

Attorney(s) appearing for the Case

John T. Carroll, III, Cozen O'Connor, Wilmington, DE, Counsel to the Trustee, George L. Miller.

Michael G. Wilson, Jason W. Harbour, Richmond, VA, Craig V. Rasile, Victor de Diego, Miami, FL, Hunton & Williams LLP, Counsel for Richard Hall, Robert Gregory, Platinum Holding, Inc. and R & R Holdings, LLC.

OPINION1

CHRISTOPHER S. SONTCHI, J.

INTRODUCTION

Before the Court is a motion filed by a landlord seeking allowance and payment as an administrative expense of unpaid post-petition rent. The Chapter 7 trustee asserts two defenses to the motion: (i) a pre-petition assumption and assignment agreement released the debtor from any obligations under the lease; and (ii) any rent due under the lease is not entitled...

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