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Opinion 127

Case Name: 

In re Sweetwater, 40 B.R. 733 (Bankr.D.Utah)

Judge: 
Judge Allen
Date: 
Jun-1-1984
Case Number(s): 
83A-2582
Status: 

PUBLISHED

Body: 

Bank was the assignee of lessor's interest in a variety of rapidly depreciating personal property leased to chapter 11 debtor, which were used in connection with debtor's timeshare business. Bank sought to compel debtor to assume or reject the leases, and to provide bank with adequate protection for the period from the petition filing date to the date debtor either assumed or rejected the leases. The court held that Congress intended to provide adequate protection for secured creditors only, and not for lessors, and denied bank's requested relief.

Internal Ref: 
Opinion 127
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