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IN RE PPI ENTERPRISES (U.S.), INC.

No. 01-4140.

324 F.3d 197 (2003)

In re: PPI ENTERPRISES (U.S.), INC. and Polly Peck Produce, Inc., Debtors Sheldon H. Solow, d/b/a Solow Building Company v. PPI Enterprises (U.S.), INC., Polly Peck Produce, Inc., Arvi Limited and PPI Holdings, B.V. Sheldon H. Solow, d/b/a Solow Building Company, Appellant.

United States Court of Appeals, Third Circuit.

Filed March 28, 2003.

Attorney(s) appearing for the Case

Stephen J. Shimshak (Argued), James H. Millar, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, William A. Hazeltine, Potter Anderson & Corroon, Wilmington, DE, for Appellant.

James L. Patton, Jr. (Argued), Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, Wilmington, DE, for Appellees, PPI Enterprises (U.S.), Inc., Polly Peck Produce, Inc., Arvi Limited and PPI Holdings, B.V.

Charlene D. Davis (Argued), The Bayard Firm, Wilmington, DE, for Appellees, Arvi Limited and PPI Holdings, B.V.

Before SCIRICA, ALITO and FUENTES, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal by a commercial landlord who contends a Chapter 11 bankruptcy was filed only to frustrate his collection of rent. At issue is an interpretation of Bankruptcy Code § 502(b)(6) and the Code's good faith requirements.

I.

Sheldon Solow owns a Manhattan office tower at 9 West 57th Street. On August 9, 1989, he leased 10,000 square feet to PPI Enterprises ("PPIE"), a Delaware...

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