- 11 U.S.C.
Live Nation Worldwide Inc. v. GTA Inc.
May
18
2007
Ruling
Creditor could proceed against guarantor without first proceeding against debtor.
Procedural posture
A debtor executed a sublease whereby it agreed to sublease from plaintiff corporation. Concurrently with the sublease, defendant guarantor entered into a guaranty. The debtor filed a petition for relief under chapter 11. The corporation sued the guarantor to enforce the unconditional guaranty of payment. The corporation moved for summary judgment under Fed. R. Civ. P. 56.
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Court
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