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IN RE LCO ENTERPRISES

BAP No. NC-90-1707 RPAs, Bankruptcy No. 4-89-02673-J2, Adv. No. 4-89-0476-AN.

137 B.R. 955 (1992)

In re LCO ENTERPRISES, Debtor. Lincoln ALVARADO, a California limited partnership, Patrician Associates, Inc., a California corporation, and LPC Alvarado Phase II, Appellants, v. Edward M. WALSH, Trustee, Appellee.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided March 30, 1992.

Attorney(s) appearing for the Case

Barry Milgrom, San Francisco, Cal., for appellants.

Merle C. Meyers, San Francisco, Cal., for appellee.

Before RUSSELL, PERRIS, and ASHLAND, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge.

The debtor's landlord appeals from the bankruptcy court's order denying its motion for summary judgment and granting in part the Chapter 11 trustee's cross-motion for summary judgment. 116 B.R. 188 The bankruptcy court ruled that rent payments made within the 90 day period pre-petition were avoidable preferences even though the leases were assumed and the parties to the leases had agreed...

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