In re Walbert Trucking, Inc.

(Bankr. W.D. Ky. Nov. 16, 2015)

The bankruptcy court denies the creditor’s motion to treat a post-petition claim as an administrative claim. The creditor had leased trailers to the debtor prepetition, and the debtor returned all but a few of the trailers to the creditor. The few trailers that were not returned apparently were stolen and not in the debtor’s possession post-petition. The creditor moved to allow the claim for post-petition lease payments for the missing trailers as an administrative expense claim. The court finds that there was no benefit to the estate for the post-petition lease of the trailers and all of the subject leases were entered into prepetition. Thus, it was inappropriate to treat the claim as an administrative claim. Opinion below.

2015-11-16 – in re walbert trucking

Author: Matt Lindblom

Kendrick v. The Lamar Company, LLC (In re Parr)

(Bankr. E.D. Ky. Sep. 8, 2014)

The bankruptcy court holds that a lease of property for purposes of erecting and maintaining a billboard is a lease of real property and thus the lessee may retain its rights under the lease upon rejection of the lease by the trustee, pursuant to 11 U.S.C. § 365(h)(1)(A). The trustee had sold the debtor’s commercial real estate in the bankruptcy, but the billboard lessee refused to relocate following the sale. The trustee sought a judgment declaring the lease rejected, which was granted, and sought injunctive relief ordering the lessee to vacate the premises, which was denied. Opinion below.

2014-09-08 – in re parr