United States Ninth Circuit

Because debtor's removal obligation, under the terms of a lease on commercial property, did not arise until the lease was rejected, the damage action resulting from debtor's failure to comply with this obligation cannot be treated as an administrative expense claim under Bankruptcy Code section 365(d)(3).

Appellate Information

• Argued 03/03/2004
• Decided 04/12/2004
• Published 04/12/2004

Judges

• RYMER, Circuit Judge:, Before O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy W. Dore,Ryan, Swanson & Cleveland, PLLC, Seattle, WA, for the plaintiff-appellant.


• For Appellees:
  
• John S. Kaplan (argued) and Stacey Ravetta, Perkins Coie, LLP, Seattle, WA, for the defendants-appellees.