Legal Opinion
In Re Financial News Network, Inc.
United States Bankruptcy Court, S.D. New York
Decided January 6, 1993No. 18-23741PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON DEBTOR’S OBJECTION TO CLAIM FOR DAMAGES UNDER § 502(b)(6)
FRANCIS G. CONRAD * , Bankruptcy Judge.
Debtor’s objection to Landlord’s claim requires us to decide 1 whether rent paid post-petition but pre-rejection must be deducted from the § 502(b)(6) 2 cap on damages allowable for termination of a lease after rejection. We hold that post-petition rents are not deducted in determining the amount of allowable damages under § 502(b)(6).
Debtor filed its petition for relief under Chapter 11 of the Bankruptcy Code on March 1,1991. At the time of filing, it was a tenant of…
2Cases cited13 opinions
- Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)United States Bankruptcy Court, S.D. New York · 1992
- In Re Atlantic Container Corp.United States Bankruptcy Court, N.D. Illinois · 1991
- In Re Wingspread Corp.United States Bankruptcy Court, S.D. New York · 1990
- In Re McLean Enterprises, Inc.United States Bankruptcy Court, W.D. Missouri · 1989
- Philadelphia Life Insurance v. Proudfoot (In Re Proudfoot)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kuske v. McSheridan (In Re McSheridan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re: Highland Superstores, Inc., Debtor. Unsecured Creditors' Committee of Highland Superstores, Inc. v. Strobeck Real Estate, Inc.Court of Appeals for the Sixth Circuit · 1998
- Malden Mills Industries, Inc. v. Maroun (In Re Malden Mills Industries, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2004
- In Re Iron-Oak Supply Corp.United States Bankruptcy Court, E.D. California · 1994
- In Re Andover Togs, Inc.United States Bankruptcy Court, S.D. New York · 1999
16 more not listed; retrieve them via the Exa API.