Disclaimer of lease: liquidator seeks leave to disclaim an unprofitable, unused lease and allow lessor to prove loss. Application by the Liquidator for leave to disclaim a lease on grounds that the demised premises have not been occupied or used, the lease is not profitable given the rent and terms, there are no LLP goods on the premises, and the LLP's assets are insufficient to meet creditors' claims; the affidavit notes any attempts to sell or enter possession, compliance with notice requirements (or explanation if out of time), identification of interested persons, and requests that the lessor be allowed to prove for loss arising from the disclaimer alongside other creditors.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Disclaimer of lease: liquidator seeks leave to disclaim an unprofitable, unused lease and allow lessor to prove loss.
Application by the Liquidator for leave to disclaim a lease on grounds that the demised premises have not been occupied or used, the lease is not profitable given the rent and terms, there are no LLP goods on the premises, and the LLP's assets are insufficient to meet creditors' claims; the affidavit notes any attempts to sell or enter possession, compliance with notice requirements (or explanation if out of time), identification of interested persons, and requests that the lessor be allowed to prove for loss arising from the disclaimer alongside other creditors.
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