Legal Opinion
In Re Dailey
United States Bankruptcy Court, D. Montana
Decided June 14, 1994No. 16-60006Published
1Opinion of the Court
ORDER
JOHN L. PETERSON, Bankruptcy Judge.
This matter is before the Court on remand from the Ninth Circuit Court of Appeals directing the Bankruptcy Court to determine the damages of Mercedes-Benz Credit Corp. (“MBCC”) due to rejection of an unexpired lease “under the terms of the lease’s liquidated damages clause as interpreted by Washington law.” The Ninth Circuit held:
The lease was merely breached, not rescinded or declared void ab initio, and there is nothing in 11 U.S.C. §§ 365(g) or 502(g) that prohibits a court from examining the terms of the parties’ agreement to determine the amount of…
2Cases cited18 opinions
- Wise v. United StatesSupreme Court of the United States · 1919
- Lake River Corporation, Plaintiff-Appellee-Cross-Appellant v. Carborundum Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1985
- Walter Implement, Inc. v. FochtWashington Supreme Court · 1987
- Northwest Collectors, Inc. v. EndersWashington Supreme Court · 1968
- Management, Inc. v. SchassbergerWashington Supreme Court · 1951
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