IN RE LPM CORP.

BAP No. SC-00-1648-RyKMa. Bankruptcy No. 00-00742-A7.

269 B.R. 217 (2001)

In re LPM CORPORATION, Debtor. Kir Temecula, L.P., Appellant, v. LPM Corporation; Minson Corporation; North County Bank; Gerald H. Davis, Ch. 7 Trustee; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 27, 2001.


Attorney(s) appearing for the Case

George B. Blackmar, Blackmar, Principe & Schmelter, San Diego, CA, for Kir Temecula, L.P.

Gary B. Rudolph, Sparber, Ferguson, Ponder & Ryan, San Diego, CA, for Gerald H. Davis, Trustee.

Before RYAN, KLEIN, and MARLAR, Bankruptcy Judges.


OPINION

RYAN, Bankruptcy Judge.

After LPM Corporation, dba La Jolla Patio & Mattress ("Debtor"), filed a chapter 111 petition, Debtor failed to make timely payments of postpetition rent. Later, the bankruptcy court deemed Debtor's lease with Kir Temecula L.P. ("Kir Temecula") rejected and ordered Debtor to (1) surrender the leased premises and (2) pay Kir Temecula $43,529.08 within two weeks (the "Rejection Order").

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