Exide Techs. V. Enersys Del. Inc. (In re Exide Techs.)
Jan
08
2013
Ruling
"Default rule" did not override nondischargeability of claim based on agreement that could not be rejected.
Procedural posture
Debtor sought a declaratory judgment that: (i) defendant's rights under the "Agreement" were claims against debtor that were discharged by plan confirmation pursuant to 11 U.S.C.S. § 1141(d) and the plan, and (ii) debtor's mark was an asset of the estate that vested in the reorganized debtor free and clear of defendant's limited interest in using the mark pursuant to § 1141(c) and the plan. Defendant moved to dismiss the complaint.
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Court
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