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IN RE BUILDING BLOCK CHILD CARE CENTERS, INC.

BAP No. AZ-98-1636-RMeP, Bankruptcy No. 97-01143-PHX-GBN.

234 B.R. 762 (1999)

In re BUILDING BLOCK CHILD CARE CENTERS, INC., Debtor. ECPG (Peoria) Associates Limited Partnership, Appellant, v. Building Block Child Care Centers, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 26, 1999.

Attorney(s) appearing for the Case

Neal H. Bookspan, Schian Walker, P.L.C., Phoenix, AZ, for ECPG (Peoria) Associates Limited Partnership.

James B. Rolle, Phoenix, AZ, for Building Blocks Child Care Centers, Inc.

Before: RUSSELL, MEYERS, and PERRIS, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge.

The bankruptcy court entered an order determining that a chapter 111 debtor was not required to cure prepetition defaults owed to a former landlord in order to assume a lease with a successor landlord, notwithstanding the former landlord's retention of the right to receive the cure payments. The former landlord appeals. We REVERSE.

I. FACTS

The material facts are not...

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