§ 365

Avianca Holdings S.A., In re

Ruling: 
Debtors' motion seeking entry of an order authorizing the rejection of contracts was granted inpart as both debtors and creditor had material unperformed obligations. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 04,2020, LexisNexis #1020-055

Ultra Petro. Corp., In re

Ruling: 
Court ordered the rejection of FERC-approved pipeline contract as it was in the bankruptcyestate's best interest. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on August 21,2020, LexisNexis #1020-003

Nilhan Developers, LLC, In re

Ruling: 
Film license agreement between debtor and Netflix did not revert to producers followingrejection and termination of distribution agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 17,2020, LexisNexis #0920-082

Bobka v. Toyota Motor Credit Corp.

Ruling: 
Settlement with successor asset holder of dispute over costs of abandoning offshore oil andgas assets did not satisfy the original operator's obligations not assumed by the successor. (5thCir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 31,2020, LexisNexis #0920-032

Mamedes, In re--Del Franco v. Mamedes

Ruling: 
Court concluded that the settlement which merely provided for a stream of payments to bemade by defendant to plaintiff was not an executory contract under either the Countryman testor the functional analysis test. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-005

Hitz Rest. Grp., In re

Ruling: 
Debtor restaurant owner owed at least 25 percent of the rent amount to the creditor even aftergovernor’s order closing restaurants due to COVID-19 triggered the force majeure clause.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on June 02,2020, LexisNexis #0720-055

Donghia, Inc., In re

Ruling: 
Trustee's request that the date of the rejection be deemed retroactive was denied as there hadbeen no post-COVID-19 modification to the code as to a bankruptcy estate's obligations to payrent. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on May 12,2020, LexisNexis #0620-085

Pier 1 Imps., Inc., In re

Ruling: 
Lessors did not have a right to compel payment from debtor tenants as proper remedy was topursue an administrative expense claim. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 10,2020, LexisNexis #0620-086

Sci. Fitness, LLC, In re--Evans Plaza Partners, LLC v. Evans Fitness Club Express, LLC

Ruling: 
Landlord's complaint for damages was denied as the lease was rejected and could not havebeen assigned or transferred to defendant under the asset purchase agreement. (Bankr. S.D.Ga.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-079

Greenpoint Tactical Income Fund LLC, In re

Ruling: 
Debtors' motion to reject a settlement agreement was granted due to significant outstandingobligations by both the debtor and the other party. (Bankr. E.D. Wis.)
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Commercial case opionion summary, case decided on February 21,2020, LexisNexis #0420-010

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