Legal Opinion
In Re K & L Lakeland, Inc.
United States Bankruptcy Court, E.D. Virginia
Decided August 15, 1995No. 19-30632PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
MARTIN V.B. BOSTETTER, Jr., Chief Judge.
The principal question we address is whether a secured lender may be surcharged under 11 U.S.C. § 506(c) for the rent the debtor failed to pay to its landlord. The debtor, K & L Lakeland, Inc., is a former automobile dealership that originally filed for bankruptcy under Chapter 11. The dealership was located on property leased from the landlord, Loudoun Leasing Development Company (“Loudoun”). Shortly before this matter was converted to Chapter 7, Loudoun moved for authority to collect unpaid, postpe-tition rent from the collateral of…
2Cases cited19 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Hutchinson v. StatonCourt of Appeals for the Fourth Circuit · 1993
- Cutright v. United StatesSupreme Court of the United States · 1992
- 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
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3Cited by4 opinions
- Loudoun Leasing Development Co v. Ford Motor Credit Co. (In Re K & L Lakeland, Inc.)Court of Appeals for the Fourth Circuit · 1997
- In Re JKJ Chevrolet, Inc.United States Bankruptcy Court, E.D. Virginia · 1995
- In Re K & L Lakeland, Incorporated, D/B/A Jkj Chevrolet Sterling, Debtor. Loudoun Leasing Development Company, Richard G. Hall, Trustee-Appellee v. Ford Motor Credit Company, in Re K & L Lakeland, Incorporated, D/B/A Jkj Chevrolet Sterling, Debtor. Loudoun Leasing Development Company v. Ford Motor Credit Company, Richard G. Hall, Trustee-AppelleeCourt of Appeals for the Fourth Circuit · 1997
- Loudoun Leasing Development Co v. Ford Motor Credit Co. (In Re K & L Lakeland, Inc.)Court of Appeals for the Fourth Circuit · 1997