In re Healthy Hut Inc
., 506 B.R. 526 (Bankr. D. Haw. 2014) –
Prior to bankruptcy the debtor vacated leased space before the
end of the lease term. The landlord filed a proof of claim in the
bankruptcy. The debtor raised several objections, including an
argument that the claim exceeded the statutory cap under
Section 502(b)(6) of the Bankruptcy Code.
As a preliminary matter, the debtor argued that the landlord
breached the lease by giving notice that it intended to
"tent" the building to treat for termites, and
alternatively that there was a mutual agreement to terminate the
lease when it vacated the premises. However, the court noted that
the landlord delayed the termite treatment until after the debtor
moved out, and determined that the landlord never agreed to waive
its claims for future rent or other damages. Which left the
debtor's argument that the landlord claim exceeded the
statutory cap.
