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In re Elizabethtown Family Care Clinic LLC

In re Elizabethtown Family Care Clinic LLC

Ruling
Landlord allowed administrative expsense claim for rent incurred after petition date.
Procedural posture

Movant creditor, a landlord, sought payment of an administrative expense claim per 11 U.S.C.S. § 503(b)(1)(A) in connection with the estate's post-petition occupation of a medical office leased by debtor tenant from the creditor. The trustee filed an objection to the proof of claim contesting the proper amount thereof. At issue was the date upon which the trustee's obligation under 11 U.S.C.S. § 365(d)(3) began to run.

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Commercial opinion summary, case decided on December 18, 2008 , LexisNexis #0109-077