In re CONSTON CORPORATION, INC. d/b/a 16 Plus d/b/a Charles Shop d/b/a Famous Maid d/b/a Kristy's Kids d/b/a Marcia Stuart (Bankr. Nos. 90-12571S through 90-12600S Jointly Administered with this case), Debtor.
United States Bankruptcy Court, E.D. Pennsylvania.https://leagle.com/images/logo.png
August 13, 1991.
August 13, 1991.
Attorney(s) appearing for the Case
L. Louis Mrachek, Gunster, Yoakley & Stewart, P.A., West Palm Beach, Fla., William I. Kramer, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for debtor.
Robert Levin, Adelman Lavine Gold & Levin, Philadelphia, Pa., for Creditors' Committee.
David L. Pollack, Rosenwald and Pollack, Philadelphia, Pa., for Echelon Mall, Inc. Store No. 012, The Equitable Life Assoc. Store No. 772, The Equitable Life Assoc. Store No. 789, The Equitable Life Assoc. Store No. 816, The Rouse Co. of Iowa Store No. 794.
Joel F. Crystal, New York City, for New Plan Realty Trust.
John Monnato, Indianapolis, Ind., for Lakehurst Joint Venture, Store No. 837.
Laura Woodall, Indianapolis, Ind., Paralegal for Tulsa Mall Co. L.P., Store No. 785 and Oakwood Mall L.P., Store No. 840.
Frederic Baker, Asst. U.S. Trustee, Philadelphia, Pa.
Thomas J. Leanse, Los Angeles, Cal., for Ernest W. Hahn, Inc., Store No. 090, Mall of Memphis Assoc., Store No. 110.
Christopher G. Kuhn, Silberman, Markovitz & Raslavich, Philadelphia, Pa., for Hudson Associates L.P., Store No. 354.
James L. Weisman, Pittsburg, Pa., for Morse Road Co., Store No. 770.
Robert E.L. Wright, Kalamazoo, Mich., for Maple Hill Mall Associates, Store No. 854.
United States Bankruptcy Court, E.D. Pennsylvania.
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
At issue is interpretation of 11 U.S.C. § 502(b)(6), which limits the measurement of the amount of damages to which a landlord is entitled upon the rejection of a lease by a debtor-tenant. We agree with the dissenting landlords on both of the two principal issues of interpretation of § 502(b)(6) in dispute in answering the following questions as indicated: (1) May the Debtors deduct...
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