Legal Opinion

In Re Storage Technology Corporation

United States Bankruptcy Court, D. Colorado

Decided November 14, 1986No. 19-10962PublishedCited by 15 opinions

1Opinion of the Court

ORDER REGARDING CLAIM NO. 8561

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER comes before the Court on the Debtors’ objection to the claim of Broomfield Properties, Corp. (“BPC”), Claim No. 8561. The issues are presented here in the nature of a summary judgment motion for the resolution of two legal questions. Debtors admit BPC is entitled to some actual damages for its rejection of a commercial lease with BPC and the factual determination of those damages is reserved for later determination. Debtors do argue that the damage cap in 11 U.S.C. § 502(b)(6)(A) applies to a financial covenant…

2Cases cited2 opinions

  1. Kuehner v. Irving Trust Co.Supreme Court of the United States · 1937
  2. Oldden v. Tonto Realty CorporationCourt of Appeals for the Second Circuit · 1944

3Cited by15 opinions

  1. In Re PPI Enterprises (U.S.), Inc.United States Bankruptcy Court, D. Delaware · 1998
  2. In Re Farley, Inc.United States Bankruptcy Court, N.D. Illinois · 1992
  3. In Re Conston Corp., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
  4. In Re Bob's Sea Ray Boats, Inc.United States Bankruptcy Court, D. North Dakota · 1992
  5. In Re Mr. Gatti's, Inc.United States Bankruptcy Court, W.D. Texas · 1994

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