When a lease is rejected, section 502(b)(6) of the Bankruptcy Code caps a landlord's damages claims at the greater of rent due for (i) one year or (ii) 15 percent of the remaining term (not to exceed three years).
Jan 2, 2024
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Feb 9, 2022 · In general terms, Section 502(b)(6) limits a landlord's actual claim, as of a date certain, to: the total rent due and unpaid as of that date; ...
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Nov 17, 2021 · The initial calculation in the preamble to §502(b)(6) is the amount of “the claim of a lessor for damages resulting from the termination of ...
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May 7, 2015 · The landlord calculated the amount of the 502(b)(6) rent cap by determining the total base rent and other “rent” amounts due for the remaining ...
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Section 502(b)(6) of the Bankruptcy Code caps the amount of a lessor's claim against a debtor-lessee for damages arising from the termination of a real ...
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Apr 9, 2024 · Under Section 502(b)(6) of the Bankruptcy Code, a landlord's claim is capped at “the rent reserved by such lease, without acceleration, for ...
When calculating the landlord's lease rejection damage claim under $502(b)(6), the real issue becomes whether the mitigating rent is to be deducted from the ...
May 26, 2015 · Courts are divided on the proper interpretation of Section 502(b)(6) and whether the 15 percent cap refers to time or rent. The Third Circuit ...
Bankruptcy Code Section 502(b)(6) establishes a Statutory Cap on the damages a landlord can claim arising from the termination of a lease in bankruptcy case ...
A claim for damages calculated in accordance with section 562 shall be allowed under subsection (a), (b), or (c), or disallowed under subsection (d) or (e), as ...