IN RE KONSTANTIN KUPFER; MARGARITA KUPFER, Debtors.KONSTANTIN KUPFER; MARGARITA KUPFER, Debtors-Appellants, v. KARIM SALMA; ROBERT SALMA, as Trustees of the Salma Family Trust; LINDSEY S. BRUEL; RIYAD R. SALMA; LAITH K. SALMA, Creditors-Appellees., 852 F.3d 853

Summary

HOLDINGS: [1]-The statutory cap on the landlord creditors' claims against the tenant debtors, set forth in 11 U.S.C.S. § 502(b)(6), applied only to claims that resulted directly from the termination of a lease, but not to collateral claims; [2]-Fees attributable to litigating the creditors' claims against the debtors for future rent were capped because such claims would not arise were the leases not terminated, but fees attributable to litigating claims for past rent were not capped; [3]-To the extent that the debtors' counterclaims in the breach-of-lease litigation concerned ordinary alleged breaches, independent of a lease termination, the associated fees and costs were not capped, either.