In the Matter of Fredrick Meats, Inc., Dba Fredrick's Olde Time Butcher Shoppe, Bankrupt. Edward R. Brown v. Curtis B. Danning, Trustee-Appellee
Opinion
Opinion
On January 18, 1969, appellant entered into a real property lease with Fredrick Meats, Inc., the bankrupt. Under the lease rental was payable in advance on the first day of each month. The lessee was also required to pay real property taxes levied against the property “not later than” ten days prior to the delinquency date.
The rent due December 1, 1970, for the ensuing month was not paid. On that date the bankrupt filed a petition for arrangement under Chapter XI of the Bankruptcy Act. A receiver was appointed the same day, and qualified and took possession of the leased premises the following day. The receiver remained in possession from December 2, 1970, to January 4, 1971. Real property taxes were levied against the property on November 1, 1970; according to the lessor they became due on December 10, 1970, after bankruptcy proceedings were commenced.
On January 14, 1971, the lessor sought an order directing the receiver, now trustee, to pay as administrative rent the full amount of rent due under the lease for the months of December and January, and to pay the full amount of the unpaid taxes.