Legal Opinion
In Re Iron-Oak Supply Corp.
United States Bankruptcy Court, E.D. California
Decided June 17, 1994No. 19-10306PublishedCited by 23 opinions
1Opinion of the Court
DECISION ON OBJECTION TO CLAIM OF JOHN H. SUTTER
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
The primary question in this objection to a landlord’s claim for damages on a terminated lease is whether the term “surrendered” in the limitation imposed by 11 U.S.C. § 502(b)(6) 1 applies when the landlord declines the return of the premises. The secondary question, which is compelled by conflicting computations of damages and a dearth of reported eases, requires the court to examine the interplay between rejection, contract damages, mitigation, and the damages cap imposed by section 502(b)(6) in order to…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
- In Re Allegheny International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1991
- Sunbeam-Oster Co. v. Lincoln Liberty Avenue, Inc. (In Re Allegheny International, Inc.)District Court, W.D. Pennsylvania · 1992
- In Re Financial News Network, Inc.United States Bankruptcy Court, S.D. New York · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- 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
- In Re Andover Togs, Inc.United States Bankruptcy Court, S.D. New York · 1999
- In Re Episode USA, Inc.United States Bankruptcy Court, S.D. New York · 1996
- Fifth Avenue Jewelers, Inc. v. Great East Mall, Inc. (In Re Fifth Avenue Jewelers, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1996
18 more not listed; retrieve them via the Exa API.