In Re Rb Furniture, Inc., Debtor. Merchants Home Delivery Service v. Co-Trustees of the Rb Furniture Liquidating Trust

92 F.3d 1193 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re RB FURNITURE, INC., Debtor. MERCHANTS HOME DELIVERY SERVICE, Appellant, v. CO-TRUSTEES OF THE RB FURNITURE LIQUIDATING TRUST, Appellee. No. 94-56607. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1996. Decided Aug. 2, 1996. Before: GIBSON, * NOONAN, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Merchants Home Delivery Service ("Merchants") appeals the district court's order affirming the bankruptcy court's grant of Appellee Co-Trustees of the RB Furniture Liquidating Trust's ("RB") motion to disallow Merchants' administrative claim. We reverse. I. BACKGROUND 3 RB is a furniture retailer currently in Chapter 11 bankruptcy. Merchants is a furniture delivery service that provided services to RB both before and after the bankruptcy petition was filed. On April 15, 1992, Merchants filed a $4,871,245.04 non-priority claim for all services rendered to RB, both pre and post petition…