- 11 U.S.C.
In re MDC Sys.
Jan
17
2013
Ruling
Claim based on prepetition breach of lease allowed with exclusion for rents received in mitigation.
Procedural posture
Objector, an unsecured creditor of debtor, objected to a $1.071 million proof of claim (POC) filed by claimant LP based on debtor's prepetition breach of a ten-year lease of commercial real property and asked the court to disallow it in its entirety. Alternatively, objector argued that the POC was properly allowed for $196,510 per the "rent cap" in 11 U.S.C.S. § 502(b)(6). LP agreed that the cap applied but disagreed as to the proper amount.
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Court
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