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GOODY’S FAMILY CLOTHING, INC., et al. v. MOUNTAINEER PROPERTY CO. II, LLC, EASTGATEMALL, LLC, and STAFFORD BLUFFTON, LLC

QUESTION PRESENTED

Whether the United States Court of Appeals for the Third Circuit erred by holding that 11 U.S.C. § 365 is not the exclusive statutory basis for the allowance or disallowance of the Respondents’ claims for monthly rent that are fully due and payable before the Petitioners filed their bankruptcy cases, and instead holding that the Respondents were entitled to allowed administrative expenses under 11 U.S.C. § 503(b)(1) for that portion of monthly rent representing the daily allocation of monthly rent for the period from and including the day on which the bankruptcy cases were filed through and including the last day of the period for which the pre-filing rent payment would have covered?

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