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IN RE RHODES, INC.

No. 04-78434.

321 B.R. 80 (2005)

In re RHODES, INC., Debtor. Gwinnett Prado, L.P., GS II Brook Highland LLC, DDR MDT Independence Commons LLC, Sun Center Limited, Secured Properties Investors, XI, L.P., Centro Watt Operating Partnership 2, LLC and ESA, LP, Movants, v. Rhodes, Inc., Respondent.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

February 11, 2005.

Attorney(s) appearing for the Case

Matthew W. Levin, Mark I. Duedall, Jennifer M. Meyerowitz, Alston & Bird, LLP, Atlanta, GA, for Gwinnett Prado, L.P.

Darryl S. Laddin, Heath J. Vicente, Arnall Golden Gregory LLP, Atlanta, GA, for GS II Brook Highland LLC, DDR MDT Independence Commons LLC and Sun Center Limited.

James H. Rollins, Holland & Knight, Atlanta, GA, Alan M. Weiss, Holland & Knight, Jacksonville, FL, for Secured Properties Investors, XI, L.P. and Centro Watt Operating Partnership 2, LLC.

ORDER

JAMES E. MASSEY, Bankruptcy Judge.

A recurring issue in bankruptcy cases is the extent to which a trustee or debtor in possession must pay rent and other charges arising under an unexpired lease of nonresidential real property prior to its rejection. The specific issue in these contested matters is whether Rhodes, Inc., which filed bankruptcy on November 4, 2004, owes postpetition rent at the contract rate for the period November 4 through November...

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