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· 1/21/2004

Malden Mills Industries, Inc. v. Maroun (In Re Malden Mills Industries, Inc.)

Citations

  • 303 B.R. 688
  • 2004 Bankr. LEXIS 175
  • 42 Bankr. Ct. Dec. (CRR) 114
  • 2004 WL 89470

How courts have described this case

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

  • stating that, “[ujnder [section 502(g) of] the statute, postpetition rejection fixes the liability of the debtor and, therefore, the recovery of the creditor, as of the petition date”
  • explaining that liabilities incurred pursuant to post-petition contracts can be treated as administrative expenses if they benefited the estate
  • stating that, “[u]nder [section 502(g) of] the statute, postpetition rejection fixes the liability of the debtor and, therefore, the recovery of the creditor, as of the petition date”
  • courts will generally not second-guess a trustee’s business judgment regarding whether the assumption or rejection of a lease will benefit the debtor’s estate
  • “A court will generally not second-guess a debtor’s business judgment regarding whether the assumption or rejection of a contract will benefit the debtor’s estate.”
  • “Any determination regarding the reasonableness of a landlord’s actions to mitigate damages post- termination presents a question of fact for the trial court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: De Jesús, Carlo, Deasy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.