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Tenant Bankruptcy Rejection Cost Calculator
BK rejection caps landlord claim. This calculator sizes allowed damages.
Allowed claim (502(b)(6))
$252,000
Statutory cap
$252,000
Mitigation gap
$118,000
How the math works
Cap = max(1 yr, 15% × years, capped at 3 yr). Claim = min(cap, actual damages).
On $240k rent × 7 years remaining: statutory cap = max(240k, 252k) capped at 720k = $252k. If actual damage exceeds cap, mitigation gap is uncollectible from BK estate. Security deposits and guaranties provide recovery outside the 502(b)(6) cap.
How to Use
- Enter remaining lease rent.
- Enter lease term remaining years.
- Enter mitigation (re-lease) rent.
- Enter downtime months.
- Read allowed claim.
Frequently Asked Questions
Section 502(b)(6) cap?
Federal BK code caps lease rejection claim at greater of (a) 1 year rent, or (b) 15% of remaining term up to 3 years. Effectively capped at 3 years regardless of lease length. Landlord also recovers unpaid pre-petition rent without cap.
Practical recovery?
Landlord claim is unsecured. Typical Ch 11 recovery on unsecured: 5-30 cents on dollar. Recovery depends on BK plan. Secured reserves (security deposit, guaranty) recoverable outside 502(b)(6) cap. LOC and guaranties key.
Mitigation?
Re-lease efforts required. Landlord claim offset by rent collected from replacement tenant. Duty to mitigate — not just sit on empty space. Document lease-up marketing efforts for BK court evidence.
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