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In re Malese 18 Corp.

In re Malese 18 Corp.

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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Commercial opinion summary, case decided on April 16, 2009 , LexisNexis #0609-135