In Re Treesource Industries, Inc., Debtor, K-4, Inc. v. Midway Engineered Wood Products, Inc. Official Unsecured Creditors' Committee/post-Confirmation Committee

363 F.3d 994 In re TREESOURCE INDUSTRIES, INC., Debtor, K-4, Inc., Plaintiff-Appellant, v. Midway Engineered Wood Products, Inc.; Official Unsecured Creditors' Committee/Post-Confirmation Committee, Defendants-Appellees. No. 03-35018. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 3, 2004. Filed April 12, 2004. Timothy W. Dore, Ryan, Swanson & Cleveland, PLLC, Seattle, WA, for the plaintiff-appellant. John S. Kaplan (argued) and Stacey Ravetta, Perkins Coie, LLP, Seattle, WA, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Thomas S. Zilly, District Judge, Presiding. D.C. No. CV-02-01058-TSZ. Before O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges. RYMER, Circuit Judge: 1 We must decide whether obligations under the terms of a lease on commercial property to remove a concrete slab and restore the premises to their pre-lease condition arose prior to the trustee's rejection of the lease, and thus should be treated as an administrative expense claim, or upon rejection such that the lessor's claims for damages are unsecured. 2 K-4, Inc. and Midway Engineered Wood Products, Inc. (Midway) were…