· 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 CourtListenerSourced 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.