Legal Opinion
In Re Joseph A. Vause and Virgie L. Vause, Debtors. Joseph A. Vause and Virgie L. Vause v. Capital Poly Bag, Inc.
Court of Appeals for the Sixth Circuit
Decided September 25, 1989No. 88-4096PublishedCited by 94 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
Defendant-appellant, Capital Poly Bag, Inc. (CPB) appeals the District Court’s order affirming the Bankruptcy Court’s denial of its Nairn for pre-petition rent. 1 The debtors, Joseph and Virgie Vause, filed a Chapter 11 bankruptcy petition on November 27, 1985, and concurrently requested permission to reject their lease. The lease required annual rent payments to CPB in arrears on December 1st of each year. CPB filed a $72,000 claim; $36,000 for 361 days’ unpaid pre-petition rent as past damages under 11 U.S.C. § 502(b)(6)(B), and $36,000 for one year’s post-petition…
2Cases cited31 opinions
- Blum v. StensonSupreme Court of the United States · 1984
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
- Marek v. ChesnySupreme Court of the United States · 1985
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3Cited by94 opinions
- James R. Kincade v. Emmit L. Sparkman, Warden Commonwealth of Kentucky, Anthony L. Hereford v. United StatesCourt of Appeals for the Sixth Circuit · 1997
- Mallory v. EyrichCourt of Appeals for the Sixth Circuit · 1991
- United States v. Calvin CassidyCourt of Appeals for the Sixth Circuit · 1990
- In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
- Rote v. Zel Custom Manufacturing LLCCourt of Appeals for the Sixth Circuit · 2016
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