United States Ninth Circuit

Plaintiff is not entitled to administrative priority given to an obligation under a sublease of commercial property because 11 U.S.C. section 365(d)(3) is not applicable to debtors who are lessors. Nor is it entitled to priority under section 503(b)(1)(A) because its claim did not arise from a post-petition transaction and conferred no benefit on debtor's estate.

Appellate Information

• Argued 12/03/2002
• Decided 02/14/2003
• Published 02/14/2003

Judges

• Before:  BERZON, TALLMAN, Circuit Judges, and MILLER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Amar S. Bhachu,Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for the appellant.


• For Appellees:
  
• J. Henk Taylor, Lewis & Roca LLP, Phoenix, AZ, for the appellee.