§ 502(b)(6)

Keane, In re

Ruling: 
Debtor's landlord late-filed claim allowed subject to subordination to timely filed claims.(Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 14,2020, LexisNexis #1220-007

Twiford Enters., In re--Twiford Enters. v. Rolling Hills Bank & Trust

Ruling: 
Bankruptcy court did not err in awarding post-judgment interest to creditor bank. (B.A.P.10th Cir.)
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Commercial case opionion summary, case decided on October 15,2020, LexisNexis #1220-008

Kupfer, In re

Ruling: 
Court was required to determine the amount of fees and costs that were attributable tolitigating the lessors' claims against the debtors for future rent because those amounts werecapped. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on October 18,2017, LexisNexis #1117-099

Kupfer v. Salma (In re Kupfer)

Ruling: 
Statutory cap on a landlord's claims against tenant debtors applied only to claims that resulteddirectly from the termination of lease but not to collateral claims. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 29,2016, LexisNexis #0217-003

Lariat Cos v. Wigley (In re Wigley)

Ruling: 
Lessor's claim for award of unpaid rent, maintenance and late fees prior to eviction date against debtor who guarantor were not subject to cap but claim for interest on future rents was subject to cap.
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Consumer case opionion summary, case decided on June 19,2015, LexisNexis #0715-049

In re Filenes Basement LLC

Ruling: 
Landlord's rent and abandonment claims were subject to a 15 percent cap but its mechanic's lien claim was not.
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Commercial case opionion summary, case decided on April 16,2015, LexisNexis #0515-043

In re Denali Family Servs.

Ruling: 
Claim of family limited partnership that leased premises to debtor for allowed with repsect to past due rent, 15 months future rent, future property taxes and tenant improvement payments.
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Commercial case opionion summary, case decided on March 03,2014, LexisNexis #0314-112

In re MDC Sys.

Objector, an unsecured creditor of debtor, objected to a $1.071 million proof of claim (POC) filed by claimant LP based on debtor's prepetition breach of a ten-year lease of commercial real property and asked the court to disallow it in its entirety. Alternatively, objector argued that the POC was properly allowed for $196,510 per the "rent cap" in 11 U.S.C.S. § 502(b)(6). LP agreed that the cap applied but disagreed as to the proper amount.
Ruling: 
Claim based on prepetition breach of lease allowed with exclusion for rents received in mitigation.
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Commercial case opionion summary, case decided on January 17,2013, LexisNexis #0213-046

In re Energy Conversion Devices Inc.

Trustee objected to parts of claims filed by claimant based on a lease for premises that chapter 11 debtors had occupied but had later rejected. Claim components included claims for prepetition default, for rent per 11 U.S.C.S. § 502(b)(6)(a) and for additional damages based on debtors' alleged removal of equipment and damage to the premises and fixtures. At issue was whether this "additional damage" (AD) claim was "capped" by § 502(b)(6).
Ruling: 
Trustee's objection to landlord's claim for additional damages overruled.
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Commercial case opionion summary, case decided on November 21,2012, LexisNexis #1212-043

In re Shane Co.

Chapter 11 debtor filed an objection to a claim filed by a creditor, which sought lease rejection damages of over $6 million.
Ruling: 
Lease rejection damages capped pursuant to §502(b)(6).
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Commercial case opionion summary, case decided on January 04,2012, LexisNexis #0212-013

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