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§ 502(b)(6)(A)

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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Commercial opinion summary, case decided on April 16, 2015 , LexisNexis #0515-043
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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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Commercial opinion summary, case decided on March 03, 2014 , LexisNexis #0314-112
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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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Consumer opinion summary, case decided on June 30, 2011 , LexisNexis #0811-045
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In re Connectix Corp.

May
10
2007
Ruling
Landlord's capped claim for unpaid commercial rent allowed but less draws on letter of credit.
Procedural posture

Creditor, the former commercial landlord of the debtor, filed a claim in the amount of $2,335,283.99 based on the debtor's future lease obligations. The chapter 7 trustee, the debtor, and its major shareholders, objected to the amount of claim, and asserted that, under the correct application of 11 U.S.C. § 502(b)(6), the landlord's recovery from the bankruptcy estate to $446,246.99.

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opinion summary, case decided on May 10, 2007 , LexisNexis #0907-025
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