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§ 365(h)(1)

Mohawk Drive Corp., In re

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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Commercial opinion summary, case decided on December 06, 2024 , LexisNexis #0225-060

Culture Project, Inc., In re--Culture Project, Inc. v. Bertha Found.

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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Commercial opinion summary, case decided on July 11, 2017 , LexisNexis #0817-064

In re Amicus Wind Down Corp.

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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Commercial opinion summary, case decided on February 24, 2012 , LexisNexis #0312-078