Opinion
Case No. 08-46694.
June 24, 2008
ORDER GRANTING MOTION
THIS MATTER came before the Court on the Motion of Lackland Business Park LLC to Compel Immediate Performance of Post-Petition Lease Obligations under 11 USC 365(d) and for Allowance and Payment of Stub Rent as an Administrative Claim under 11 USC 503(b) (Docket # 113, the "Motion"), and no timely objections having been filed, and the court being otherwise more fully advised in the premises;
IT IS ORDERED as follows:
1. The Motion (Docket # 113) is granted to the extent of the relief provided by this Order, and otherwise is denied.
The Court has removed the following language that was in the proposed order submitted by Lackland's counsel: "The Debtor, in accordance with 11 U.S.C. § 503(b), shall immediately, but no later than five (5) days from the date of this Order, pay Lackland Business Park LLC rent in the amount of $3937.55 for the March, 2008 stub-rent period." The Court concludes that rent for the March "stub-rent period" is not payable as a post-petition claim, but rather only as part of a pre-petition claim. (This conclusion assumes that the rent for March became due on March 1, or on some other day in March before Debtor filed this bankruptcy case on March 19, 2008.) See In re Baby N' Kids Bedrooms, Inc., 2007 W.L. 1218768 (E.D. Mich. 2007).
2. The Debtor, in accordance with 11 U.S.C. § 365(d)(3), shall immediately, but no later than five (5) days from the date of this Order, pay Lackland Business Park LLC rent for the months of April and May 2008, in the amount of $10,172.00 per month, for a total of $20,344.00.
3. The Debtor, in accordance with 11 U.S.C. § 365(d)(3), shall timely perform all obligations under its Lease with Lackland Business Park LLC, including the obligation to make lease payment in the amount of $10,172.00, or as otherwise calculated under the Lease, for each month it remains in possession in the post-petition, pre-rejection period, except for the rent payment provided in paragraph 2 above.
4. All amounts due and owing under this Order shall constitute an allowed administrative claim against the estate.