Mid-Wilshire Associates v. Lomax (In Re Lomax)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- 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
- 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
- Markham v. FralickCalifornia Supreme Court · 1934
- In Re Iron-Oak Supply Corp.United States Bankruptcy Court, E.D. California · 1994
- Matter of Escondido West TravelodgeDistrict Court, S.D. California · 1985
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3Cited by5 opinions
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- In re MDC Systems, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2013
- 250 LLC v. Photopoint Corp.(usa)California Court of Appeal · 2005
- Williams v. La Perla North America, Inc.District Court, N.D. California · 2023
- Williams v. La Perla North America, Inc.District Court, N.D. California · 2023