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Cherish L. Boylan, Ch. 13, BK12-82349-TJM (Aug. 15, 2013)

The bankruptcy court granted the creditors’ application for an administrative expense claim for damages resulting from the debtor’s breach of a lease she had assumed pursuant to her Chapter 13 plan. Following In re Masek, 301 B.R. 336 (Bankr. D. Neb. 2003), the court found the post-assumption breach gave rise to an administrative expense claim rather than a general unsecured claim.

Thursday, August 15, 2013