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IN RE POSTLE ENTERPRISES, INC.

Bankruptcy No. B-84-1152-PHX-GBN.

48 B.R. 721 (1985)

In re POSTLE ENTERPRISES, INC., an Arizona corporation, Debtor. Clayton J. DEAN, et al., Movants, v. POSTLE ENTERPRISES, INC., an Arizona corporation, Respondent.

United States Bankruptcy Court, D. Arizona.

May 6, 1985.

Attorney(s) appearing for the Case

Dawn Stoll, Gust, Rosenfeld, Divelbess & Henderson, Phoenix, Ariz., for movants.

Edwin A. Hiner, Hiner, Crowe & Scott, Phoenix, Ariz., for debtor.

MEMORANDUM OF DECISION

GEORGE B. NIELSEN, Jr., Bankruptcy Judge.

This contested matter presents the issue whether 11 U.S.C. §§ 365(c)(2) and (e)(2)(B) cover unexpired leases and, if so, whether an agreement which would require a landlord post-petition to provide up to $150,000.00 in construction allowances to a debtor-tenant can be construed to be a contract to make a loan, extend debt financing or financial accommodations within the meaning of...

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