IN RE MIDWAY AIRLINES CORP.

No. 04-1502.

406 F.3d 229 (2005)

In Re: MIDWAY AIRLINES CORPORATION; In Re: Midway Air-lines Parts, LLC, Debtors. CIT Communications Finance Corporation, Appellant, v. Midway Airlines Corporation; Midway Airlines Parts, LLC, Appellees, Joseph N. Callaway, Trustee-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 2, 2005.


Attorney(s) appearing for the Case

ARGUED: Gregory Parker Chocklett, Raleigh, North Carolina, for Appellant. Alan Dale McInnes, Kilpatrick Stockton, L.L.P., Raleigh, North Carolina, for Appellees. ON BRIEF: Gerald A. Jeutter, Jr., Kilpatrick Stockton, L.L.P., Raleigh, North Carolina, for Appellees.

Before NIEMEYER and MICHAEL, Circuit Judges, and Norman K. MOON, United States District Judge for the Western District of Virginia, sitting by designation.


Reversed in part, affirmed in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge NIEMEYER and Judge MOON joined.

OPINION

MICHAEL, Circuit Judge:

In this bankruptcy case, filed under chapter 11 and later converted to chapter 7, a lessor of personal property asserted an administrative expense claim under § 365(d)(10) of the Bankruptcy Code for all payments due under the lease for the thirteen-month period...

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