IN RE SCHNABEL

No. 79-1558.

612 F.2d 315 (1980)

In re William J. SCHNABEL and Alice M. Schnabel, Bankrupts. Appeal of Mitchell D. SERRANO and Martha L. Serrano.

United States Court of Appeals, Seventh Circuit.

Decided January 9, 1980.


Attorney(s) appearing for the Case

Steven Messner, Glenview, Ill., for appellant.

C. John Ruddy, Aurora, Ill., for appellee.

Before TONE, WOOD, and CUDAHY, Circuit Judges.


HARLINGTON WOOD, Jr., Circuit Judge.

This appeal involves the rights of a trustee in bankruptcy to collect fair rental value for use and occupancy when he has not assumed an unexpired lease. We affirm.

I.

The bankrupt, William Schnabel, was a real estate developer who owned a restaurant known as the Harvester Inn. On February 27, 1975 defendants Mitchell and Martha Serrano entered into a two-year lease with Schnabel to operate the Inn. On December...

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