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IN RE BIG3D, INC.

BAP No. EC-09-1292-En Banc. Bankruptcy No. 08-16768.

438 B.R. 214 (2010)

In re BIG3D, INC., Debtor. People's Capital and Leasing Corp., Appellant, v. Big3D, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 6, 2010.

Attorney(s) appearing for the Case

Edmund J. Sherman , Glass and Goldberg , for People's Capital Leasing Corp.

Scott M. Reddie , McCormick Barstow Sheppard Wayte & Carruth, LLP, Fresno, CA, for Big3D, Inc.

Before: PAPPAS, Chief Judge, DUNN, JURY, MARKELL, HOLLOWELL, and KIRSCHER, Bankruptcy Judges.

OPINION

DUNN, Bankruptcy Judge:

INTRODUCTION

The chapter 111 debtor in possession in this case is Big3D, Inc. ("Big3D"). Secured creditor People's Capital and Leasing Corporation ("PCLC") appeals the bankruptcy court's decision that it was not entitled to adequate protection payments from Big3D to compensate it for the alleged decline in the value of its collateral occurring...

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