- 11 U.S.C.
Conn-Selmer Inc. v. Bamber
Feb
07
2008
Ruling
Postpetition contract entered into outside ordinary course of debtor's business without bankruptcy court approval was unenforceable.
Procedural posture
Plaintiff creditor and third-party defendant, a subsidiary of the creditor, filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss the counterclaim and third-party claim of defendants, the owner of a debtor company, for tortious interference with a pending contract between the debtor and a non-party company, which had agreed to take over the debtor's lease.
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Court
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