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In re TSB, Inc.

United States Bankruptcy Court for the District of Idaho

302 B.R. 84 (2003)

Relevant factsFree

After tavern operator TSB's (debtor) Chapter 11 reorganization converted to Chapter 7 liquidation, the appointed trustee surrendered most control of the leased premises to landlord Knapp (creditor), who arranged a new lease and renovations for incoming tenant City Grill; the trustee, however, left estate property like tables and bar equipment on the premises for over three months with Knapp's knowledge, understanding City Grill would eventually purchase it, occupying roughly 10 percent of the space during that period. Knapp sought an administrative rent claim for the full period the property remained.

IssueFree

Is a party to a contract rejected under § 365 of the bankruptcy code entitled to compensation in an amount that reflects the reasonable value of performance?

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