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§ 365

In re Rafter Seven Ranches L.P.

Feb
10
2006
Ruling
Creditor was denied an order requiring the debtor to assume or reject the leases since the leases were terminated prepetition, but the creditor was permitted to claim rental payments on the leased sprinkler systems.
Procedural posture

The instant dispute arose out of four prepetition leases between the creditor, as lessor, and the debtor, as lessee, for the lease of four irrigation sprinkler systems. The debtor filed an objection to the creditor's claim. The creditor filed a motion for an order requiring the debtor to assume or reject the leases pursuant to 11 U.S.C. § 365(d)(2).

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opinion summary, case decided on February 10, 2006 , LexisNexis #0306-016
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In re Helm

Jan
09
2006
Ruling
Debtors were allowed to reject an executory contract in its entirety since the contract was not fully performed and the contracting party could not overcome the debtor's showing that rejection of the contract would benefit the estate.
Procedural posture

The debtors, a musician and his wife, filed under chapter 7 and converted the case to a chapter 11 case. The debtors moved for entry of an order pursuant to 11 U.S.C. § 365 rejecting an executory contract with a collection agent.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0206-103
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In re Phar-Mor Inc.

Jan
05
2006
Ruling
Lessors were entitled to administrative rent claims for postpetition rent from the petition date to the contract rejection date.
Procedural posture

The cause was before the court on the parties'cross motions for summary judgment on the amount, if any, lessors should be allowed as (i) administrative expenses on lessors'Amended Applications and Requests for Administrative Expenses (Claim Nos. -26 and -09), and (ii) Lessors'proofs of claims, as amended (Claim Nos. 1922 and 1924) for damages arising from the rejection of lessors'equipment leases. Debtor objected to the lessors'four claims.

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opinion summary, case decided on January 05, 2006 , LexisNexis #0206-105
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In re Kmart Corp.

Jan
04
2006
Ruling
Retailer was entitled to assume an executory contract with a credit card company providing for a co-branded credit card postfiling since the retailer was not in breach of contract.
Procedural posture

Appellant credit card company sought review of a decision from the district court, which found that appellee, a large retail store chain, was entitled to continue its contract with the credit card company that provided for a co-branded credit card even though the retail chain had filed for bankruptcy.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 04, 2006 , LexisNexis #0106-113
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In re Gonzalez

Jan
03
2006
Ruling
Debtor's proposed chapter 13 plan was not confirmable since the plan did not provide for the debtor assuming an executory contract.
Procedural posture

In a voluntary bankruptcy case, debtor presented her chapter 13 plan to the court for confirmation. Two creditors objected to the plan and moved to compel debtors to make payments and assume or reject an executory contract.

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opinion summary, case decided on January 03, 2006 , LexisNexis #0206-104
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In re Winn-Dixie Stores Inc.

Nov
15
2005
Ruling
Lessor was denied an application for payment of rent because the rent obligations accrued pre- petition.
Procedural posture

Lessor filed an application for payment of administrative expenses for lease payments that accrued pre-petition but were not paid. The debtors filed an objection.

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opinion summary, case decided on November 15, 2005 , LexisNexis #0106-010
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Hammons Fall 2006, LLC, In re--Revocable Trust of John Q. Hammons Dated December 28, 1989 v. JWJ Hotel Holdings Inc.

Dec
28
1989
Ruling
Debtor could not avoid purchase right of co-member of LLC, contained in a non-executory agreement, that was triggered upon effective date of plans calling for sale of debtor’s interest in the LLC. (Bankr. D. Kan.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment.

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Commercial opinion summary, case decided on December 28, 1989 , LexisNexis #0723-081
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