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Lessors' Enforcement Rights Under Sec. 365 (d)(10) of the Bankruptcy Code

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by Peter C. Califano
Spring 2002 Issue

In 1994,the Bankruptcy Code was amended in order to level the playing field for equipment lessors who had become embroiled in a lessee's bankruptcy case. After some brief legislative background, this article will summarize post-1997 case law interpreting Sec.365(d)(10) and will conclude with possible strategies for lessors to pursue in light of recent tactics employed by debtor-lessees.