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THE BANKRUPTCY STRATEGIST

September 2009

File for Chapter 11, Get the First Month’s Rent Free?

Timely Payment of Stub Rent

By Yitzhak Greenberg

Two recent court opinions challenge the growing consensus that 11 U.S.C. 365(d)(3) (the "Statute," or "Section 365(d)(3)") does not require the timely payment of stub rent, which is "the rent for the interim period between the day the order for relief was entered in the bankruptcy case and the end of that month." This article offers an analysis.

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