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Bankruptcy Commercial Litigation Landlord Tenant Law

NY Appellate Court Provides Practical Guide to Commercial Landlord’s Bankruptcy Damage Claims

The Southern District of New York affirmed a bankruptcy court’s holding that the statutory cap on a landlord’s damage claim “applies to [its] claim against a [Chapter 11] debtor-guarantor.”

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The Southern District of New York affirmed a bankruptcy court’s holding that the statutory cap on a landlord’s damage claim [i.e., Bankruptcy Code §502(b)(6)] “applies to [its] claim against a [Chapter 11] debtor-guarantor.” In re Cortlandt Liquidating LLC, 2024 WL 1301429, *3 (S.D.N.Y. Mar. 26, 2024) (emphasis added).

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