United States Third Circuit

Where the tenant's obligation to reimburse tax expenses did not arise until after entry of the bankruptcy order, 11 USC 365 does not require the bankruptcy trustee to make the entire payment, even though the landlord's liability for the taxes accrued prior to the order.

Appellate Information

• Argued 04/03/2001
• Decided 10/10/2001
• Published 10/10/2001

Judges

• Before MANSMANN, STAPLETON and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• J. Mark Fisher (Argued), William M. Aguiar, Schiff, Hardin & Waite, Chicago, IL, and Steven K. Kortanek, Klehr, Harrison, Harvey, Branzburg & Ellers, Wilmington, DE, Attorneys for Appellant.


• For Appellees:
  
• Richard A. Chesley,Michael J. Gray (Argued), Jones, Day, Reavis & Pogue, Chicago, IL, Attorneys for Appellee.