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IN RE CUKIERMAN

No. 00-15085.

265 F.3d 846 (2001)

In re: Moshe Eliezer CUKIERMAN, Debtor. Moshe Eliezer Cukierman, Appellant, v. Susan L. Uecker, Trustee for the Estate of Trans-Action Commercial Mortgage Investors, Ltd.; David L. Bradlow, Trustee for the Estate of Trans-Action Commercial Investors, Ltd.; John T. Kendall, Trustee for the Estate of Moshe Eliezer Cukierman; Linda Ekstrom Stanley, United States Trustee, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2001.

Attorney(s) appearing for the Case

Stephen D. Finestone, Law Offices of Stephen D. Finestone, San Francisco, California, for the appellant.

Neil W. Bason and Robert Cross, Sideman & Bancroft LLP, San Francisco, California; Kenneth Brown, Pachulski, Stang, Zeihl, Young & Jones, P.C., San Francisco, California, for the appellee.

Before: SCHROEDER, Chief Judge, LAY, and THOMPSON, Circuit Judges.

SCHROEDER, Chief Judge:

This is an appeal from the Ninth Circuit Bankruptcy Appellate Panel ("BAP") that involves the interpretation of the administrative priority given obligations under a lease of commercial property. See 11 U.S.C. § 365(d)(3); In re Pacific-Atlantic Trading Co., 27 F.3d 401, 405 (9th Cir.1994). The issue is whether obligations denominated in a lease as "further rent" are entitled to priority...

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