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146043P.pdf 06/19/2015 Lariat Companies, Inc. v. Michael R. Wigley
U.S. Court of Appeals Case No: 14-6043
U.S. Bankruptcy Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Nail, Author, with Federman, Chief Judge, and Shodeen,
Bankruptcy Judge. Bankruptcy Appellate Panel. The amounts the creditor was
seeking for unpaid rent, common area maintenance and late fees through the
eviction date accrued prior to the termination of debtor's lease and
cannot be said to have resulted from the termination of the lease;
similarly, the interest the creditor sought related to these sums did not
result from termination; as a result, none of these amounts was subject to
the cap found in Sec. 502(b)(6); the court did not err in sustaining an
objection to the interest on future rents as such a claim would not exist
if the lease had not been terminated; attorneys' fees, costs and certain
disbursements which accrued prior to the termination were not subject to
the cap; certain portions of a state court judgment concerning fraudulent
transfers to debtor's wife duplicated damages already awarded the creditor
for debtor's breach of the lease; reversed for further proceedings.