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IN RE LPM CORP.

No. 01-56570.

300 F.3d 1134 (2002)

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

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2002.

Attorney(s) appearing for the Case

Timothy D. Principe, Blackmar, Principe & Schmelter, San Diego, CA, for the appellant.

Gary Rudolph, Sparber, Ferguson, Ponder & Ryan, San Diego, CA, for the appellees.

Before HUG, Jr., FARRIS and SILVERMAN, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge.

I. Background

LPM Corporation operated a chain of over 40 retail stores known as La Jolla Pool & Mattress. One of the stores was located on property leased from Kir Temecula. In January 2000, LPM filed a chapter 11 petition. After doing so, LPM failed to pay the rent. On March 20, 2000, Kir Temecula, pursuant to 11 U.S.C. § 365(d)(3),1 moved the bankruptcy court

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