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§ 101

Abboud v. Ground Round Inc. (Ground Round Inc.)

Dec
15
2005
Ruling
Landlord was entitled to enforce a lease's retransfer of a liquor license provision, and the debtor's argument that the landlord had an alternative right of payment remedy available that constituted a dischargeable claim was rejected.
Procedural posture

Appellee landlord commenced an adversary proceeding to determine appellant chapter 11 debtor's interest in a liquor license previously used in its operation of a restaurant at a leased premises. The bankruptcy court granted the landlord summary judgment, holding that the landlord was entitled to enforce a retransfer provision under the lease. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 15, 2005 , LexisNexis #0106-106
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In re Estate of Roberts

Aug
16
2005
Ruling
A decedent's estate or its executor are not persons under the Code and thus may not be debtors.
Procedural posture

In petitioner individual's capacity as executor of a decedent's estate, petitioner filed a chapter 13 petition on behalf of a decedent's probate estate

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opinion summary, case decided on August 16, 2005 , LexisNexis #0106-005
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