- 11 U.S.C.
In re DFI Proceeds Inc.
Feb
09
2010
Ruling
Debtor's landlord entitled to administrative expense claim for rent at original, not later increased, rate.
Procedural posture
In this chapter 11 case, claimant landlord filed a motion for an administrative claim for postpetition rent, to which the unsecured creditors' committee objected.
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Court
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- 11 U.S.C.
In re Vigo
Nov
16
2009
Ruling
Claim for postpetition commercial rent pursuant to lease deemed rejected 120 days after petition date was a general unsecured claim.
Procedural posture
Creditor landlord filed a motion requesting that postpetition commercial rent for the chapter 7 debtors' commercial space be classified as an administrative expense claim pursuant to 11 U.S.C.S. § 503(b)(1)(A). The debtors argued that the claim was a general unsecured claim since the rental payments did not benefit the estate.
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Court
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- 11 U.S.C.
In re Sportsmans Warehouse Inc.
Aug
03
2009
Ruling
Landlords' administrative claims for rent under rejected leases for the period between the bankruptcy petition dates through the first of the following month denied.
Procedural posture
Bankruptcy debtors operated retail stores in leased premises, and certain of the leases were rejected. Affiliated landlords under the leases moved for allowance and payment of administrative claims for rent, including real property taxes.
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Court
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- 11 U.S.C.
Burival v. Creditor Comm. (In re Burival)
Jun
04
2009
Ruling
Bankruptcy court erred in prorating landlord's claim for unpaid farmland rent.
Procedural posture
Debtors filed petitions under chapter 11 of the Bankruptcy Code, and appellee, the conservator of a landlord's estate, filed a claim in the amount of $ 90,799.22 against the debtors' bankruptcy estates. The bankruptcy court for the District of Nebraska awarded the conservator $ 50,521.65, plus interest and attorneys' fees, and the debtors and the conservator filed cross-appeals.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Circuit City Stores Inc.
Feb
12
2009
Ruling
Claims for stub rent were entitled to administrative expense priority and payable upon effective date of reorganization.
Procedural posture
Lessors under chapter 11 debtors' leases filed motions seeking to compel immediate payment of the postpetition rent due from the debtors for the period from the petition date through the end of the month (Stub Rent) pursuant to 11 U.S.C.S. § 365(d)(3).
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Court
:
- 11 U.S.C.
In re BH S&B Holdings LLC
Feb
10
2009
Ruling
Costs of removal of postpetition, prerejection liens were administrative expense claims.
Procedural posture
Debtor businesses filed petitions under chapter 11 of the Bankruptcy Code and continued to operate two stores that were located on real property that was owned by a landlord. The landlord filed a motion for an order requiring the debtors to perform postpetition lease obligations, pursuant to 11 U.S.C.S. § 365(d)(3), with respect to mechanics' liens that had been placed on its property. The debtors opposed the motion.
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Court
:
- 11 U.S.C.
In re Black Diamond Mining Co. LLC
Sep
18
2008
Ruling
Proration rule appropriate for prepetition sublease obligations of involuntary debtor.
Procedural posture
After involuntary chapter 11 petitions were filed against debtors, sublessors sought an order compelling the debtors to timely perform all of their obligations under sublease agreements pursuant to 11 U.S.C.S. § 365(d)(3).
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Court
:
- 11 U.S.C.
In re Burvial
Jul
09
2008
Ruling
Rent due under postpetition, prerejection cropland lease was an administrative expense only to extent debtor used premises in that period.
Procedural posture
The conservator for a landlord of chapter 11 debtors filed a motion to allow a claim in the amount of $ 90,799, plus interest and attorneys' fees and costs, as an administrative expense pursuant to 11 U.S.C.S. § 365(d)(3).
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Court
:
- 11 U.S.C.
In re F.F. Station LLC
Dec
03
2007
Ruling
Administrative expense claims by lessor related to build out of commercial space denied due to failure to comply with conditions of lease and lack of necessity.
Procedural posture
A claimant of a chapter 11 debtor requested payment of administrative claims pursuant to 11 U.S.C.S. § 365(d)(3) and § 503(b)(1)(A).
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Court
:
- 11 U.S.C.
In re Rothman
Aug
02
2007
Ruling
Rent due under lease prorated for period from petition date to date of rejection.
Procedural posture
Debtor moved to reject a nonresidential lease debtor had entered into prepetition for premises it had vacated on the same date that debtor filed a petition for relief under chapter 11. The court granted debtor's request to reject the lease, and reserved for a written decision the issue of whether and to what extent debtor was responsible for immediate payment of postpetition rent under 11 U.S.C. § 365(d)(3).
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Court
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