- 11 U.S.C.
In re Denman
Jul
24
2014
Ruling
Operating agreement of LLC was not an executory contract and another member was not entitled to relief from stay to enforce buyout provision against debtor.
Issue(s)
Whether a buyout clause of an LLC operating agreement is an invalid ipso facto clause and whether the automatic stay statutorily imposed against debtor's fellow member of the LLC should be terminated or modified for cause?
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Court
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