WebThe Court of Appeals for the Sixth Circuit has addressed lease rejection damages in bankruptcy and the impact of an equipment lessor’s attempt to mitigate its damages on … WebStatutory Cap on Landlord Future Rent Claims. Section 502 (b) (6) of the Bankruptcy Code provides that, upon the filing of a timely objection, a claim filed in a bankruptcy case shall …

What are a Landlord’s “Rejection Damages?” Delaware

WebUnder Section 502 (b) (6) of the Bankruptcy Code, the landlord is entitled to rent due under the rejected lease for the greater of (i.) one year’s rent, or (ii.) fifteen percent (15%) of the … WebMar 15, 2024 · In a recent decision, In re Highland Cap. Mgmt., L.P., Judge Stacey G. Jernigan of the Bankruptcy Court of the Northern District of Texas (the ‘Court’) held that a debtor’s rejection of an executory contract with an arbitration clause precludes the court from compelling the debtor to arbitrate — notwithstanding the strong federal policy … on and on juice

Landlords Beware: The Bankruptcy Court for the Southern District …

WebBecause §365(g) specifies that rejection of a contract is equivalent to a breach of the contract, the non-debtor party is entitled to an unsecured claim for damages as a result of … WebSubsection (g) gives entities injured by the rejection of an executory contract or unexpired lease, either under section 365 or under a plan or reorganization, a prepetition claim for … WebFeb 19, 2015 · N.D. Ala. 1990)) (both holding that rejection does not limit the non-debtor party to filing a proof of claim for damages) and Howard Johnson, Inc. v. Tucker, 157 F.2d 959, 961 (5th Cir. 1946) (claims for damages arising on rejection of an executory lease in bankruptcy are properly subject to recoupment where the obligations both arise out of ... is asphalt shingle the same as architectural