- 11 U.S.C.
In re Shoot the Moon LLC
Apr
12
2016
Ruling
Trustee ordered to pay all postpetition rents due creditor.
Issue(s)
Should chapter 11 trustee be compelled to immediately pay administrative rent due to landlord?
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Court
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- 11 U.S.C.
In re Art & Architecture Books of the 21st Century
Mar
21
2016
Ruling
Landlord was not entitled to immediate payment under lease determined to have expired prior to petition date.
Issue(s)
Was landlord entitled to rejection damages on debtor's lease?
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Court
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- 11 U.S.C.
In re Art & Architecture Books of the 21st Century
Nov
26
2014
Ruling
Landlord entitled to indirect payment of postpetition obligations under leases terminated prior to petition date.
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Court
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- 11 U.S.C.
Statesboro Mall LLC v. Green (In re Green)
Jan
15
2014
Ruling
Landlord not entitled to administrative expense claim for postpetition rent that was guaranteed by debtor.
Issue(s)
Was landlord entitled to administrative expense claim for postpetition rent pursuant to lease that was guaranteed by debtor prepetition.
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Court
:
- 11 U.S.C.
WM Inland Adjacent LLC v. Mervyns LLC (In re Mervyns Holdings LLC)
Jan
08
2013
Ruling
Postpetition, prerejection obligations related to lease indemnity claim entitled to administrative expense priority.
Procedural posture
The matter came before the court on the motion of cross-complainant claimant for Summary Judgment to Determine Administrative Priority for Lease Indemnity Claim under 11 U.S.C.S. § 365(d)(3), cross-defendant debtors' Cross-Motion for Summary Judgment.
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Court
:
- 11 U.S.C.
In re Epic Energy Res. Inc
Aug
08
2012
Ruling
Creditor's failure to enforce its right to payment under § 365(d)(3) or debtor's plan constituted a waiver of any administrative claim.
Procedural posture
A creditor of chapter 11 debtors filed a motion for an order requiring payment pursuant to the debtor's joint plan of reorganization.
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Court
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- 11 U.S.C.
Super Nova 330 LLC v. Gazes
Aug
02
2012
Ruling
Lease was "unexpired" where debtor tenant had the power to revive the lease under applicable state law.
Procedural posture
Plaintiff landlord appealed from a judgment of the United States District Court, which affirmed a judgment of the bankruptcy court denying the landlord's 11 U.S.C.S. § 365(d)(3) claim for recovery of post-petition rent, attorneys' fees, and interest, for the period between defendant debtor's chapter 7 bankruptcy filing date and the date a warrant of eviction was executed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Leather Factory Inc.
Jun
09
2012
Ruling
Landlords' claims for "stub rent" were entitled to administrative priority.
Procedural posture
Objector's challenge to administrative claims of two ex-landlords of a chapter 11 debtor's stores raised issues per 11 U.S.C.S. § 365(d)(3) including whether rent for the period between the petition date and the date on which the first postpetition lease payment was due, known as "stub rent," was a prepetition unsecured claim or an 11 U.S.C.S. § 503 administrative claim and the proper application per 11 U.S.C.S. § 502 of security deposits.
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Court
:
- 11 U.S.C.
In re WCI Cmtys. Inc.
Sep
02
2010
Ruling
Commercial lessor not entitled to administrative expense claim for taxes not supported by terms of lease.
Procedural posture
A commercial lessor that leased certain real property to a chapter 11 debtor filed an application for an allowed administrative expense claim pursuant to 11 U.S.C.S. § 365(d)(3) and /or 11 U.S.C.S. § 503(b). It sought administrative expense priority for its claim against the debtor for certain ad valorem taxes owing under the leases.
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Court
:
- 11 U.S.C.
In re BH S&B Holdings LLC
Apr
07
2010
Ruling
Deferred payment obligations under rejected leases were general unsecured claims.
Procedural posture
Debtors filed for chapter 11 relief and rejected two leases. Under 11 U.S.C.S. §§ 365 and 503, the landlords filed proofs of claim seeking administrative expense status for payments due upon the termination of two leases, as well as for rent, maintenance, real estate taxes, and utility charges. The debtors, debtors-in-possession, and the official committee of unsecured creditors objected to the proofs of claim.
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Court
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