Legal Opinion
In Re USinternetworking, Inc.
United States Bankruptcy Court, D. Maryland
Decided March 6, 2003No. 19-11996PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER SUSTAINING DEBTOR’S AMENDED OBJECTION TO ALLOWANCE OF CLAIM FILED BY LIBERTY PROPERTY LIMITED PARTNERSHIP
E. STEPHEN DERBY, Bankruptcy Judge.
The issue for resolution is whether the one year cap on a landlord’s prepetition lease termination claim under 11 U.S.C. § 502(b)(6) is the rent during the first year after the petition date or is the average annual rent for the remaining term of the Lease.
This matter is brought on for decision, after a hearing, on the Amended Objection of Debtors, USinternetworking, Inc., et al., to the claim of its landlord, Liberty Property…
2Cases cited12 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Fourco Glass Co. v. Transmirra Products Corp.Supreme Court of the United States · 1957
- In Re McLean Enterprises, Inc.United States Bankruptcy Court, W.D. Missouri · 1989
- Sunbeam-Oster Co. v. Lincoln Liberty Avenue, Inc. (In Re Allegheny International, Inc.)District Court, W.D. Pennsylvania · 1992
- In Re Iron-Oak Supply Corp.United States Bankruptcy Court, E.D. California · 1994
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3Cited by3 opinions
- In Re MickoUnited States Bankruptcy Court, D. Arizona · 2006
- In re Shane Co.United States Bankruptcy Court, D. Colorado · 2012
- Micko v. Student Loan Finance Corp.United States Bankruptcy Court, D. Arizona · 2006