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IN RE BUTTERMILK TOWNE CENTER, LLC

Case No. 10-21162, Adv. No. 10-2032.

In re: BUTTERMILK TOWNE CENTER, LLC, Debtor. L.A. FITNESS INTERNATIONAL, LLC, Plaintiff, v. BUTTERMILK TOWNE CENTER, LLC, Defendant.

United States Bankruptcy Court, E.D. Kentucky, Covington Division.

December 30, 2010.

MEMORANDUM OPINION

TRACEY N. WISE, Bankruptcy Judge

Section 510(a) of the Bankruptcy Code provides that contractual subordination agreements are enforceable post-petition in a debtor's bankruptcy case. 11 U.S.C. § 510(a). Plaintiff, L.A. Fitness International, LLC, seeks a declaratory judgment permitting it to offset its post-rejection rent obligations to the Debtor under a pre-petition subordination agreement. Because the subject...

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