Tag Archives: lease

Lease Claims: Exactly How Does the Cap Work?

Kupfer v. Salma (In re Kupfer), 852 F.3d 853 (9th Cir. 2016) – The controversy before the 9th Circuit involved interpretation of the cap on landlord claims under section 502 of the Bankruptcy Code. Prior to bankruptcy the leases in question … Continue reading

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Lease Rejection: What Happens When the Landlord and Tenant Are Both in Bankruptcy?

In re Railyard Co., LLC, 562 B.R. 481 (Bankr. D. N.M. 2016) – Both the landlord and an affiliated tenant filed bankruptcy. The landlord’s trustee filed a motion to reject the lease in the landlord’s case and filed a motion … Continue reading

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Lease Rejection: Does the Contract Disappear?

Fisher Brothers Mgmt. Co. LLC v. Genco Shipping & Trading Ltd. (In re Genco Shipping & Trading Ltd.), 550 B.R. 676 (S.D. N.Y. 2015) – A debtor rejected a master lease. The landlord and a subtenant filed claims for rejection … Continue reading

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Deemed Lease Rejection: Nothing Says That the Bankruptcy Code Must Make Sense

In re Hyegu Cho, 550 B.R. 152 (Bankr. D. Me. 2016) – A landlord moved for relief from the automatic stay in a chapter 13 case. It contended that the lease was a commercial lease that was deemed rejected because … Continue reading

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Leases: Prebankruptcy Termination May Not Mean That the Landlord Is Out Of the Woods

Official Comm. of Unsecured Creditors v. T.D. Investments I, LLP (In re Great Lakes Quick Lube LP), 816 F.3d 482 (7th Cir. 2016) – A chapter 11 debtor relinquished 2 leases prior to filing bankruptcy. The unsecured creditors’ committee sought … Continue reading

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Leases: How About Those Attorneys’ Fees?

Leases: How About Those Attorneys’ Fees? In re FKA FC, LLC, 545 B.R. 567 (Bankr. W.D. Mich. 2016) – A chapter 11 debtor sought to assume and assign a lease. The debtor contended that the cost to cure defaults under … Continue reading

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Leases: To Be or Not to Be a Nonresidential Lease

In re Memory Lane of Bremen, LLC, 535 B. R. 901 (Bankr. N.D. Ga.) – The chapter 11 debtors operated senior long-term care facilities on real property owned by a third party. The third party claimed that the debtors occupied the … Continue reading

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