Legal Opinion
In Re Conston Corp., Inc.
United States Bankruptcy Court, E.D. Pennsylvania
Decided August 13, 1991No. 16-16490PublishedCited by 20 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
At issue is interpretation of 11 U.S.C. § 502(b)(6), which limits the measurement of the amount of damages to which a landlord is entitled upon the rejection of a lease by a debtor-tenant. We agree with the dissenting landlords on both of the two principal issues of interpretation of § 502(b)(6) in dispute in answering the following questions as indicated: (1) May the Debtors deduct post-petition rents paid to the landlords in calculating the amounts subject to the limitation of damages for “one year?” (NO); and (2) Are utility charges…
2Cases cited33 opinions
- Coastal States Marketing, Inc. And Valero Energy Corporation, Cross-Appellees v. Nelson Bunker Hunt, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1983
- Jacintoport Corp. v. Greater Baton Rouge Port CommissionCourt of Appeals for the Fifth Circuit · 1985
- Oldden v. Tonto Realty CorporationCourt of Appeals for the Second Circuit · 1944
- Green v. John H. Lewis & Co.Court of Appeals for the Third Circuit · 1970
- In Re Dieckhaus Stationers of King of Prussia, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
28 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re Atlantic Container Corp.United States Bankruptcy Court, N.D. Illinois · 1991
- 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
- First Bank National Association v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1996
- In Re Andover Togs, Inc.United States Bankruptcy Court, S.D. New York · 1999
15 more not listed; retrieve them via the Exa API.