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In In re Herritt, No. 23-12160-CJP, (Bankr. D. Mass. Sept. 30, 2025), the U.S. Bankruptcy Court for the District of Massachusetts determined that "termination" and "surrender" of a real property lease under section 502(b)(6) of the Bankruptcy Code has a broader interpretation than under state law and may occur even when not otherwise permitted under state law.
Section 502(b)(6) provides a statutory formula, which caps a landlord's claim for the termination of a lease. The claim is informed by the date of the termination of the lease and surrender of the leased premises.
In this Westlaw Today article, Loeb Restructuring & Bankruptcy partner Bethany Simmons and associate Noah Weingarten discuss the recent Herritt bankruptcy court ruling that interprets “termination” and “surrender” under Bankruptcy Code §502(b)(6) more broadly than state law, potentially triggering the statutory cap earlier and reducing landlords’ recoverable damages.
To read the full article, please visit Westlaw Today’s website.
Section 502(b)(6) provides a statutory formula, which caps a landlord's claim for the termination of a lease. The claim is informed by the date of the termination of the lease and surrender of the leased premises.
In this Westlaw Today article, Loeb Restructuring & Bankruptcy partner Bethany Simmons and associate Noah Weingarten discuss the recent Herritt bankruptcy court ruling that interprets “termination” and “surrender” under Bankruptcy Code §502(b)(6) more broadly than state law, potentially triggering the statutory cap earlier and reducing landlords’ recoverable damages.
To read the full article, please visit Westlaw Today’s website.
