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Fitness Intl LLC v. Buttermilk Towne Ctr. LLC (In re Buttermilk Towne Ctr. LLC)

Fitness Intl LLC v. Buttermilk Towne Ctr. LLC (In re Buttermilk Towne Ctr. LLC)

Ruling
Creditor lessee could not offset rent obligations under rejected lease.
Procedural posture

Lessee sought a declaratory judgment permitting it to offset its post-rejection rent obligations to defendant, a chapter 11 debtor that leased retail space to the lessee, under a pre- petition subordination agreement pursuant to 11 U.S.C.S. § 510(a).

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Commercial opinion summary, case decided on December 30, 2010 , LexisNexis #0211-017