In re Energy Conversion Devices, Inc.

OPINION REGARDING LIQUIDATION TRUSTEE’S OBJECTION TO THE CLAIMS OF THE PEGASUS GROUP, AND BANKRUPTCY CODE § 502(b)(6)

THOMAS J. TUCKER, Bankruptcy Judge.

I. Introduction

The dispute now before the Court concerns the meaning and scope of § 502(b)(6) of the Bankruptcy Code, 11 U.S.C. § 502(b)(6). That section sets a limit on “the claim of a lessor for damages resulting from the termination of a lease of real property.”

These two jointly-administered Chapter 11 cases are being administered under a confirmed plan of liquidation. The cases came before the Court for a second hearing on November 14,…