- 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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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Filenes Basement LLC
Apr
16
2015
Ruling
Landlord's rent and abandonment claims were subject to a 15 percent cap but its mechanic's lien claim was not.
Issue(s)
Whether the "15 percent" referred to in § 502(b)(6)(A) refers to 15 percent of the remaining term of the lease or 15 percent of the remaining rent due under the lease and whether the limitation on lease termination damages in § 502(b)(6) encompasses the creditor lessor's claims for removal of abandoned furniture and fixtures and for satisfaction of a mechanic's lien?
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Court
:
- 11 U.S.C.
In re Denali Family Servs.
Mar
03
2014
Ruling
Claim of family limited partnership that leased premises to debtor for allowed with repsect to past due rent, 15 months future rent, future property taxes and tenant improvement payments.
Issue(s)
Should claim by family limited partnership that leased property to debtor be limited to past due rent as of the petition date, future monthly rent for 15 months, and the current year's real property taxes?
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Court
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- 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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- 11 U.S.C.
In re Energy Conversion Devices Inc.
Nov
21
2012
Ruling
Trustee's objection to landlord's claim for additional damages overruled.
Procedural posture
Trustee objected to parts of claims filed by claimant based on a lease for premises that chapter 11 debtors had occupied but had later rejected. Claim components included claims for prepetition default, for rent per 11 U.S.C.S. § 502(b)(6)(a) and for additional damages based on debtors' alleged removal of equipment and damage to the premises and fixtures. At issue was whether this "additional damage" (AD) claim was "capped" by § 502(b)(6).
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Court
:
- 11 U.S.C.
In re Shane Co.
Jan
04
2012
Ruling
Lease rejection damages capped pursuant to §502(b)(6).
Procedural posture
Chapter 11 debtor filed an objection to a claim filed by a creditor, which sought lease rejection damages of over $6 million.
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Court
:
- 11 U.S.C.
In re Koenigsberg
Jun
30
2011
Ruling
Prepetition interest on judgment based on guaranty of lease obligation allowed but subject to statutory cap.
Procedural posture
Debtor filed a petition under Chapter 7 of the Bankruptcy Code, and an LLC filed a claim against the debtor's bankruptcy estate. The court allowed the LLC's claim in part in the amount of $230,260, and the LLC filed a motion to modify the court's award which sought allowance of prepetition interest in the amount of $29,459.
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Court
:
- 11 U.S.C.
In re Dronenbarger
Jan
31
2011
Ruling
Damages awarded for debtor's failure to repair leased property were not subject to lease termination cap.
Procedural posture
Debtors filed a petition under Chapter 11 of the Bankruptcy Code, and claimants, an individual and a corporation, filed claims against the debtors' bankruptcy estate. The debtors filed an objection to both claims.
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Court
:
- 11 U.S.C.
In re Premier Entmt Biloxi LLC
Apr
29
2009
Ruling
Claim for "liquidated damages" for debtor's breach of lease after hurricane Katrina was subject to cap.
Procedural posture
Debtor corporations filed petitions under chapter 11 and a lessor filed a proof of claim for the principal sum of $ 136,429. The debtors filed an objection to the lessor's claim, contending that the claim was subject to the statutory cap contained in 11 U.S.C.S. § 502(b)(6).
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Court
:
- 11 U.S.C.
In re Malese 18 Corp.
Apr
16
2009
Ruling
Objection by remainderman to reasonable settlement of claim for lease rejection damages overruled.
Procedural posture
Movant, a creditor of Kmart stores, sought an order finding that a settlement agreement it previously entered into with Kmart of a claim for lease rejection damages that was previously approved by the court, was reasonable, and therefore that the refusal of the instant debtor, the remainderman on the Kmart leases to consent to the settlement was unreasonable. The instant debtor asserted that Kmart had much greater liability under its leases.
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Court
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