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Orland Holdings LLC v. Rhodes Inc. (In re Rhodes Inc.)

Orland Holdings LLC v. Rhodes Inc. (In re Rhodes Inc.)

Ruling
Creditor was denied motion for full monthly rental payment pursuant to a lease but was granted motion for payment of postfiling use of the premises as an administrative expense.
Procedural posture

Petitioner debtor leased nonresidential real property from respondent creditor pursuant to a lease agreement requiring the payment of annual rent in equal monthly installments on the first day of each month. The debtor filed for bankruptcy on November 4, 2004, without having paid the rent for November 2004. The creditor moved for an order compelling the debtor to pay the full monthly lease rent payment. The debtor contested the motion.

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opinion summary, case decided on November 17, 2005 , LexisNexis #0206-071