- 11 U.S.C.
Terrabella Studios LLC, In re
May
05
2025
Ruling
Lease assumption barred as state court judgment conclusively terminated lease and eviction was final under state law. (Bankr. D. Kan.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign; Nonresidential Lease Terminated Prior to Order For Relief.
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Better 4 You Breakfast, Inc., In re--Better 4 You Breakfast, Inc. v. Intrepid Inv. Bankers LLC
Mar
06
2025
Ruling
Creditor was entitled to treat engagement agreement as breached by debtor upon rejection, giving rise to a claim for rejection damages. (Bankr. C.D. Cal.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach.
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- 11 U.S.C.
Hilltop SPV, LLC, In re
Jan
06
2025
Ruling
Gas gathering agreement was an executory contract that could be rejected although any covenants running with the land would remain enforceable. (Bankr. W.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases.
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- 11 U.S.C.
Mohawk Drive Corp., In re
Dec
06
2024
Ruling
Tenant could offset alleged prepetition damages against post-rejection rent owed to debtor landlord but could not withhold rent as the damages were not yet proven. (Bankr. D. Mass.)
Issue(s)
Executory Contracts and Unexpired Leases; Debtor as Lessor or Seller of Timeshare Interests; Effect of Rejection When Debtor Is Lessor of Real Property.
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- 11 U.S.C.
Guardian Elder Care at Johnstown, LLC, In re--Erie Acquisition, LLC v. Guardian Elder Care at Jonestown, LLC
Nov
14
2024
Ruling
Motion for immediate payment of postpetition rent denied given the residential nature of the debtor’s skilled nursing and personal care facilities. (Bankr. W.D. Pa.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee to Perform Debtor's Obligations Until Assumption or Rejection.
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Jrjr33, Inc., In re--Yaquinto v. CNA Ins. Cos.
Oct
24
2024
Ruling
Insurance policy was not an executory contract that could be assumed and assigned given that no material obligations remained. (Bankr. N.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment.
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- 11 U.S.C.
Rite Aid Corp., In re
Oct
24
2024
Ruling
Landlord's motion for payment of administrative claims denied given debtor's filing of assumption schedule was not a formal assumption and the lease subsequently was deemed rejected. (Bankr. D.N.J.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee's Time to Assume or Reject Lease of Nonresidential Real Property.
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- 11 U.S.C.
Cicco, In re
Oct
03
2024
Ruling
Debtor's request to set aside the order to commence cure payments was denied as there was no reasonable justification for delaying the payments. (Bankr. S.D. Ala.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.
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Sakon, In re
Aug
26
2024
Ruling
Confidentiality agreement was not an executory contract where debtor would have fully performed its part of the agreement prior to the petition date. (Bankr. D. Conn.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
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SAS Ab, In re
Jul
22
2024
Ruling
Timely rejection of prepetition aircraft leases allowed as creditors’ objections were notapplicable. (Bankr. S.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach.
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