- 11 U.S.C.
Mohawk Drive Corp., In re
Dec
06
2024
Ruling
Tenant could offset alleged prepetition damages against post-rejection rent owed to debtor landlord but could not withhold rent as the damages were not yet proven. (Bankr. D. Mass.)
Issue(s)
Executory Contracts and Unexpired Leases; Debtor as Lessor or Seller of Timeshare Interests; Effect of Rejection When Debtor Is Lessor of Real Property.
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Court
:
Ebson, In re
Feb
16
2022
Ruling
Claim objection overruled and amended proof of claim allowed in full as debtor failed toestablish that the vehicle, which was surrendered, was auctioned for a depressed value. (Bankr.E.D. Pa.)
Issue(s)
Executory Contracts and Unexpired Leases; Debtor as Lessor or Seller of Timeshare
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EPLET, LLC v. DTE Pontiac North, LLC
Jan
05
2021
Ruling
The landowner could pierce the debtor subsidiary's corporate veil to seek damages from theparent company that directed debtor to breach its contractual obligations. (6th Cir.)
Issue(s)
Executory Contracts and Unexpired Leases; Debtor as Lessor or Seller of Timeshare
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Culture Project, Inc., In re--Culture Project, Inc. v. Bertha Found.
Jul
11
2017
Ruling
Sublessor does not have termination right upon default in a sublease that does not contain atermination provision. (Bankr. S.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases; Debtor as Lessor or Seller of Timeshare
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Court
:
IDEA Boardwalk, LLC v. Polo North Country Club, Inc. (In re Revel AC, Inc.)
Oct
21
2016
Ruling
Tenant under debtor’s rejected lease could offset future rent by capital recoupment due underthe lease. (Bankr. D.N.J.)
Issue(s)
Executory Contracts and Unexpired Leases; Debtor as Lessor or Seller of Timeshare Interests.
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:
Judge or Jurisdiction information not available
IDEA Boardwalk LLC v. Revel Entmt Grp. (In re Revel AC Inc.)
Jun
24
2015
Ruling
Tenants holding true leases retained lease rights despite sale of debtor landlord's assets.
Issue(s)
Were debtor's agreements with tenants true leases that would entitle tenants to protections afforded by § 365(h) or memorializations of some other form of contractual relationship that would allow debtor to reject the agreements?
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Court
:
In re Overseas Shipholding Grp. Inc.
Jun
01
2015
Ruling
Subtenant not entitled to claim for rejection damages.
Issue(s)
Was creditor subtenant entitled to damages allegedly resulting from sublessor debtor's rejection of the sublease?
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Court
:
In re Zota Petroleums LLC
Oct
01
2012
Ruling
Sublessee could retain rights under rejected sublease.
Procedural posture
Movant, a sublessee of debtor, sought orders that its rights under a Sublease rejected by debtor survived the trustee's sale of the property and assignment of lease rights to LLC. At issue was whether the assignment extinguished the 11 U.S.C.S. § 365(h) rights of movant where that assignment was made as part of a transaction including the sale of assets free and clear per 11 U.S.C.S. § 363 and the assumption and assignment of Lease per § 365.
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Court
:
- 11 U.S.C.
In re Amicus Wind Down Corp.
Feb
24
2012
Ruling
Rejection of lease denied where debtors could not deliver even constructive possession of premises occupied by sublessee.
Procedural posture
Chapter 11 debtors filed a notice of rejection of an executory contract and unexpired leases, and the over-landlord objected to the proposed rejection of the lease.
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Court
:
Green Tree Servicing LLC v. DBSI Landmark Towers LLC
Aug
30
2011
Ruling
Sublease rejected by debtor landlord properly held terminated.
Procedural posture
Sublessee filed a declaratory judgment action in Minnesota state court, seeking to treat a sublease as terminated. Defendant building owners removed the case to the United States District Court for the District of Minnesota and cross-claimed for a declaratory judgment affirming the sublease. The district court granted the sublessee's motion for summary judgment. The owners appealed.
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Court
:
Judge or Jurisdiction information not available