IN RE STANDOR JEWELERS WEST, INC.

BAP No. CC-90-2127-JPV, Bankruptcy No. LA90-13627-SB.

129 B.R. 200 (1991)

In re STANDOR JEWELERS WEST, INC., d/b/a Schaffer & Sons Jewelers, a California corporation, Debtor. SOUTH COAST PLAZA, Appellant, v. STANDOR JEWELERS WEST, INC., d/b/a Schaffer & Sons Jewelers, a California corporation, Security Pacific Credit Corporation, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted April 4, 1991.

Decided June 27, 1991.


Attorney(s) appearing for the Case

Jeffrey M. Thompson, Costa Mesa, Cal., for appellant South Coast Plaza.

Diane C. Weil, Los Angeles, Cal., for appellee Standor Jewelers West.

Theodore Graham — San Diego, Cal., attorney for Sec. Pacific Credit Corp.

Before JONES, PERRIS and VOLINN, Bankruptcy Judges.


OPINION

JONES, Bankruptcy Judge:

I.

OVERVIEW

Appellant South Coast Plaza appeals the bankruptcy court determination that Bankruptcy Code section 365(f), 11 U.S.C. § 365(f), preempts a provision in a retail lease that might otherwise be valid under state law. Appellant argues that the bankruptcy court erred by not determining whether the estate owned the appreciated value of the leasehold...

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