Legal Opinion

Mid-Wilshire Associates v. Lomax (In Re Lomax)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 18, 1996No. BAP No. CC-95-1931-VHBa. Bankruptcy No. LA94-48523PublishedCited by 5 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

The debtor abandoned her leased office space two years prepetition, with 46 months remaining under the lease term. The lessor filed claims for two months past due rent owing as of the date of abandonment and for the remaining rent due under the lease term up to the date it filed its proofs of claim. Section 502(b)(6) of the Bankruptcy Code circumscribes allowance of a claim based on damages under a terminated lease that otherwise would be valid and enforceable under state law. 2 Based on § 502(b)(6), the bankruptcy court disallowed a substantial portion…

2Cases cited7 opinions

  1. In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
  2. In Re Moreggia & Sons, Inc. City of San Francisco Market Corporation v. Edward M. Walsh, Trustee American Poultry Company, CreditorCourt of Appeals for the Ninth Circuit · 1988
  3. Markham v. FralickCalifornia Supreme Court · 1934
  4. In Re Iron-Oak Supply Corp.United States Bankruptcy Court, E.D. California · 1994
  5. Matter of Escondido West TravelodgeDistrict Court, S.D. California · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Fifth Avenue Jewelers, Inc. v. Great East Mall, Inc. (In Re Fifth Avenue Jewelers, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1996
  2. In re MDC Systems, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2013
  3. 250 LLC v. Photopoint Corp.(usa)California Court of Appeal · 2005
  4. Williams v. La Perla North America, Inc.District Court, N.D. California · 2023
  5. Williams v. La Perla North America, Inc.District Court, N.D. California · 2023

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