Over the 109e eligibility debt limits
Yes, I'm deep into this case. Another tack is if my client's parents paid off the tax claims, which happen to be the amount she is over, then that might do it.
Or I can take a different tack.
The landlord claim is a personal guarantee, as the corporation was the tenant.
The property was leased again for only 2 of the 6 years remaining on the lease.
11 U.S.C. 502 limits recovery to one year.
I have no idea how to proportion it, but I guess I could object to the claim and say my client gets 1/3 of the benefit of that new lease. In other words, limit the landlord's claim for that year cap proportionately.
Steve
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I have a complex Chapter 13 where there is a large landlord claim I have to object to because it exceeds the 11 U.S.C. 502(b)(6) debt limits.
However, even with the disallowance of that claim, we've come $6,000 over the $360,000 11 U.S.C. 109(e) eligibility limits.
I'm thinking about having the Debtor's parents buy out one of the claims and get them to withdraw it.
Can we do that directly, or do I need to have it transferred to the parents before it is withdrawn? I see claim transfers constantly in the NEF.
Steve
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