Flanigan v. Samalex Trust (In Re Flanigan)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that section 502(b)(6) applies upon rejection of a lease even if there is not a “termination” for state law purposes
• concluding that Section 502(b)(6) applies not only to limit landlord claims against tenants in bankruptcy, but also in instances where guarantors of such leases seek bankruptcy protection
• rejecting any “judicially-crafted exception” to § 502(b) for solvent debtor cases
• “Additional confusion regarding ‘termination’ in § 502(b)(6) arises because the word ‘termination’ was not found in the predecessor to § 502(b)(6) — § 63a(9). Section 63a(9) used the word ‘rejection’ instead. Further, another Code Section, § 365(g

Source: CourtListener parenthetical corpus (CC0).