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In re Evans Indus.

In re Evans Indus.

Ruling
Claim by lessor of facility damaged by hurricane against debtor lessee disallowed absent basis for recovery.
Procedural posture

A lessor of a facility which was damaged by a hurricane filed a proof of claim in the bankruptcy of a debtor who leased the facility, asserting entitlement to an amount for damage which was not reimbursed by the debtor's insurer, a portion of the amount received by the debtor from the insurer, and an administrative claim for environmental damage. The distribution trustee under the debtor's confirmed plan objected to the lessor's proof of claim.

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Commercial opinion summary, case decided on September 16, 2009 , LexisNexis #1109-012