Post-Petition Rent Obligations: Use and Occupancy v. Due Date

Confused about when a real property landlord or equipment lessor can commence charging post-petition rental payments? Does a debtor's obligation under Section 365(d)(3) of the Bankruptcy Code, (hereinafter, the 'Code') to timely perform all obligations arising after the order for relief (or under Section 365(d)(10), 60 days after the order of relief), mean those obligations that 'arise' by virtue of actual post-petition use of the property as opposed to obligations that arise by virtue of the 'due date' of the rental payment by contract or invoice?

28 minute readSeptember 02, 2003 at 04:33 PM
By
Leslie A. Berkoff
Sandra M. Ishaq
Post-Petition Rent Obligations: Use and Occupancy v. Due Date

Confused about when a real property landlord or equipment lessor can commence charging post-petition rental payments? Does a debtor's obligation under Section 365(d)(3) of the Bankruptcy Code, (hereinafter, the 'Code')

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