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IN RE BRANKLE BROKERAGE & LEASING, INC.

Bankruptcy No. 07-10450. Adversary No. 07-1169.

394 B.R. 906 (2008)

In re BRANKLE BROKERAGE & LEASING, INC., Debtor Brankle Brokerage & Leasing, Inc., Plaintiff v. Volvo Financial Services, Defendant.

United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.

September 18, 2008.

Attorney(s) appearing for the Case

Grant F. Shipley, Laura M. Boyer, Shipley & Associates, Fort Wayne, IN, for Plaintiff.

Susan M. Argo, Graydon Head & Ritchey LLP, Cincinnati, OH, for Defendant.

DECISION

ROBERT E. GRANT, Bankruptcy Judge.

The Bankruptcy Code treats lessors differently than it does secured creditors. Secured creditors can have their rights modified, and any shortfall in the amounts due them is generally nothing more than an unsecured claim. The estate is limited to assuming or rejecting an unexpired lease, and pending that decision, except for a brief hiatus, is generally supposed...

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