- 11 U.S.C.
6525 Belcrest Rd., LLC, In re
Dec
07
2023
Ruling
Creditor was entitled to file a proof of claim for damages caused by the rejection of a groundlease as an assignor arguably remained liable on a contract following an assignment.(Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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- 11 U.S.C.
Da Lugo Inv. LLC, In re
Nov
30
2023
Ruling
Landlord's proof of claim for fire damages would depend on the factual finding of whether ornot debtor was at fault. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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- 11 U.S.C.
Cortlandt Liquidating LLC, In re
Feb
02
2023
Ruling
Lease rejection damages were properly calculated and statutory cap applied only to damages that were attributable to the fact that the term of the lease had come to an end. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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- 11 U.S.C.
RGN-Grp. Holdings, LLC, In re
Feb
17
2022
Ruling
Association's claim for attorneys' fees allowed subject to overall cap on terminationdamages. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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- 11 U.S.C.
E. Penn Children's Learning Academy, LLC, In re
Dec
03
2021
Ruling
Debtor's objection to landlord's proof of claim sustained as the damages due under the leaseagreement and applicable state law were lower than the amount that would be provided bythe rent cap. (Bankr. E.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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- 11 U.S.C.
Twiford Enters., In re--Twiford Enters. v. Rolling Hills Bank & Trust
Oct
15
2020
Ruling
Bankruptcy court did not err in awarding post-judgment interest to creditor bank. (B.A.P.10th Cir.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Keane, In re
Oct
14
2020
Ruling
Debtor's landlord late-filed claim allowed subject to subordination to timely filed claims.(Bankr. E.D.N.C.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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- 11 U.S.C.
Kupfer, In re
Oct
18
2017
Ruling
Court was required to determine the amount of fees and costs that were attributable tolitigating the lessors' claims against the debtors for future rent because those amounts werecapped. (Bankr. N.D. Cal.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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:
- 11 U.S.C.
Kupfer v. Salma (In re Kupfer)
Dec
29
2016
Ruling
Statutory cap on a landlord's claims against tenant debtors applied only to claims that resulteddirectly from the termination of lease but not to collateral claims. (9th Cir.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Lariat Cos v. Wigley (In re Wigley)
Jun
19
2015
Ruling
Lessor's claim for award of unpaid rent, maintenance and late fees prior to eviction date against debtor who guarantor were not subject to cap but claim for interest on future rents was subject to cap.
Issue(s)
Were landlord's claims for unpaid rent, common area maintenance, and late fees through the debtor's eviction date subject to the mandatory cap of § 502(b)(6)?
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Judge or Jurisdiction information not available