Kuske v. McSheridan (In Re McSheridan)

How courts have described this case

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

• holding that “all damages due to nonperformance [under the lease] are encompassed by [502(b)(6) ]”
• holding that charges do not qualify as rent reserved unless they are (i) designated as rent or as a tenant’s obligation in the lease, (ii) related to the value of the property, and (iii) fixed, regular, or periodic charges
• applying § 502(b)(6) to lessor’s claim against lease guarantor where both guarantor and lessee were debtors under the Bankruptcy Code
• explaining that damages are first determined under applicable state law
• explaining that damages are first determined under applicable state law
• “[the] claim is equally effective against a debtor as lessee or as guarantor of the lessee ... ”

Source: CourtListener parenthetical corpus (CC0).