Bankr. No.:
92-50206
Chapter:
11
Date of Decision:
October 18, 1993
Issue:
Whether the lessee of restaurant from Debtor was entitled to: (1) a determination of the lessee's claim when the lease is terminated; (2) reimbursement for a replaced water heater; and (3) damages, including "lost projected profits," due to the disruption of business when the roof leaked and while the roof was repaired?
Ruling:
(1) The lessee's claim against Debtor that will arise when the lease is terminated does not need to be determined by the Court at this time. The lease is still running, that claim will not be paid under the plan, and any payment of that claim will not affect the feasibility of the plan. (2) Under the terms of the lease, the lessee was obligated to replace the broken water heater. (3) Lessee was entitled to damages for labor costs in cleaning the restaurant after leaks and during the roof repair. Lessee was not entitled to damages for lost "projected profits" or a rent abate because those damages were too speculative to determine based on the evidence presented.
Full Bankruptcy Court Decision:
