In re American Suzuki Motor Corp.
Opinion
Lead Opinion
Clarkson, J.
ORDER AND MEMORANDUM OPINION ON OBJECTION TO PROOF OF CLAIM NO. 520-1 [DOCKET NO. 1383]
CLAIM OBJECTION FILED: MARCH 29, 2013 AS DK. NO. 1383.
Before the Court is an Objection to Claim of South Motors Suzuki, Inc. (Proof of Claim No. 520-1 the) (the “Claim Objection”) arising from damages resulting from the Debtor’s rejection of an executory automobile dealership sales and service agreement.
The Court concludes as follows:
South Motors Suzuki, Inc. (“South Motors”) is entitled to compensation for rejection of the Agreement consisting of the lost profits from the sale of the automobile inventory, parts and accessories in stock at the time of South Motor’s tender of the automobile inventory, parts and accessories. South Motors has already been paid the amounts of the contractual repurchase obligations, and thus nothing is owed further on that account. The lost profits for sales of automobile inventory, and parts and accessories in stock at the time of the tender are determined to be $21,461.00. South Motors is not entitled to any damages based on lost profits with respect to future sales or services for the reasons set forth within this decision. South Motors is not entitled to…