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IN RE FURLEY'S TRANSPORT, INC.

Bankruptcy No. 98-6-6900-SD. Adversary No. 00-5614-SD.

263 B.R. 733 (2001)

In re FURLEY'S TRANSPORT, INC., Debtor. Zvi Guttman, Chapter 7 Trustee, Plaintiff, v. Xtra Lease, Inc., Defendant.

United States Bankruptcy Court, D. Maryland, at Baltimore.

June 13, 2001.

Attorney(s) appearing for the Case

Leonard Kohlenstein, Baltimore, MD, for debtor.

Zvi Guttman, The Law Offices of Zvi Guttman, P.A., Baltimore, MD, trustee/plaintiff.

Glen H. Tschirgi, Secured Legal Services Group, Columbia, MD, for defendant.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

E. STEPHEN DERBY, Bankruptcy Judge.

I. Issues Presented

In this Chapter 7 case that was converted from Chapter 11, two issues are raised by the Trustee's motion for partial summary judgment. First, when does a personal property lease payment obligation first arise for purposes of 11 U.S.C. § 365(d)(10)? Second, does Section...

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