- 11 U.S.C.
In re Brown
Oct
23
2008
Ruling
Claim for refitting costs of commercial premises limited by statutory cap on lease damages.
Procedural posture
The debtors filed for chapter 13 bankruptcy relief. Two creditors filed a proof of claim based on the breach of a commercial lease. The debtors objected to the claim, alleging that the refitting costs necessary to re-let the property were not allowable pursuant to 11 U.S.C.S. § 502(b)(6). The bankruptcy court held an evidentiary hearing.
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Court
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