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IN RE UPPER CRUST, LLC

No. 12-18134-HJB.

502 B.R. 1 (2013)

In re The UPPER CRUST, LLC, Debtor.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

November 22, 2013.

Attorney(s) appearing for the Case

John C. Elstad, Harold B. Murphy, Murphy & King, P.C., Boston, MA, for Debtor.

Keri Linnea Wintle, Ashley Whyman, Thomas S. Vangel, Ryan M. MacDonald, Mark G. DeGiacomo, Murtha Cullina LLP, Boston, MA, for Trustee.

Jennifer L. Hertz, U.S. Department of Justice, Office of the U.S. Trustee, Boston, MA, for John Fitzgerald, Office of the US Trustee, Assistant U.S. Trustee.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a "Motion of Cara Donna Provision Co., Inc. for Orders Allowing Requests for Payment Relative to Rent Due and Rejection Damages Associated with the Upper Crust `Commissary' Sublease" (the "Payment Motion"). Cara Donna Provision Co., Inc. ("CDP") requests immediate payment or administrative priority status for (i) postpetition rents claimed to be due to CDP as lessor under...

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