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IN RE FIRST ALLIANCE CORP.

BAP No. SC-91-1555-VAsR, Bankruptcy No. 88-8357-LM11.

140 B.R. 531 (1992)

In re FIRST ALLIANCE CORPORATION, Debtor. RANCHO BERNARDO LIMITED PARTNERSHIP, Appellant, v. FIRST ALLIANCE CORPORATION, Appellee, The Hahn Company and JMB Property Management Company, Appearing as Amicus Curiae.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 27, 1992.

Attorney(s) appearing for the Case

Dennis J. Wickham, San Diego, Cal., for Rancho Bernardo.

Alan J. Bot, San Diego, Cal., for First Alliance.

Before VOLINN, ASHLAND and RUSSELL, Bankruptcy Judges.

OPINION

SIDNEY C. VOLINN, Bankruptcy Judge:

OVERVIEW

In 1988 First Alliance Corporation (First Alliance) and Rancho Bernardo Limited Partnership (RBLP) entered into a five year lease agreement which provided that First Alliance would receive certain rent credits resulting in a substantial rent decrease for the first twelve months of the term. Six months after entering into the lease, First Alliance filed for bankruptcy. With the concurrence of...

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