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IN RE GCP CT SCHOOL ACQUISITION, LLC

BAP No. MB 09-065. Bankruptcy No. 09-11846-WCH.

429 B.R. 817 (2010)

GCP CT SCHOOL ACQUISITION, LLC, et al., Debtors. Tenucp Property LLC, Appellant, v. Lynne F. Riley, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

May 24, 2010.

Attorney(s) appearing for the Case

Peter J. Haley, Esq., on brief for Appellant.

Lynne F. Riley, Esq., and Jacob Aaron Esher, Esq., on brief for Appellee.

Before LAMOUTTE, VAUGHN, and KORNREICH, United States Bankruptcy Appellate Panel Judges.

LAMOUTTE, Bankruptcy Judge.

Tenucp Property LLC ("Tenucp") appeals the bankruptcy court's order (the "Order") denying its administrative claim for amounts it alleges are due and owing under a real estate lease for the post-petition, pre-rejection period pursuant to § 365(d)(3).1 At issue, among other things, was the effective date of the lease's rejection. Tenucp argued that Lynne F. Riley (the "Trustee") took no action to assume...

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