N.D. Illinois· 10/2/1992
In Re Farley, Inc.
Citations
- 146 B.R. 739
- 1992 Bankr. LEXIS 1593
- 23 Bankr. Ct. Dec. (CRR) 878
- 1992 WL 277329
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding whether the debtor is solvent is “irrelevant” under § 502(b)
- “[T]he solvency question is not a material issue of fact which would have any effect on determination of the statutory cap under § 502(b)(6).”
- “For purposes of applying § 502(b)(6) to a landlord’s claim, it is not legally relevant whether the debtor is defined as ‘tenant’ or as ‘guarantor’ of the lease.”
- “It is irrelevant to analysis under § 502(b)(6) whether [debtor] is solvent or insolvent, or whether other creditors will receive a windfall at [creditor’s] expense. Congress presumably weighed those considerations, and the § 502(b)(6
Source: CourtListener parenthetical corpus (CC0).
Judges: Jack B. Schmetterer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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