Skip to main content

§ 365(a)

Tm Vill., In re

Ruling
Litigant was not entitled to relief from automatic stay to enforce a settlement agreement as itwas an executory contract that debtor could reject. (Bankr. N.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of Tm Vill., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 28, 2019 , LexisNexis #0419-058

Foistner, In re--Shelzi v. Foistner

Ruling
Motion to dismiss denied in part as creditor alleged a plausible fraud claim where funds contributed to an LLC at the debtor's request were fraudulently obtained. (Bankr. D.N.H.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of Foistner, In re--Shelzi v. Foistner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 20, 2018 , LexisNexis #0818-100

Stiletto Mfg., In re

Ruling
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of Stiletto Mfg., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 19, 2018 , LexisNexis #0818-099

Northwest Terr. Mint LLC, In re

Ruling
Court ordered the trustee to promptly cure the defaults under the lease. (Bankr. W.D. Wash.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of Northwest Terr. Mint LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 01, 2017 , LexisNexis #1017-008

In re Railyard Co., LLC

Ruling
Rejection of unreasonable and unworkable lease approved. (Bankr. D.N.M.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of In re Railyard Co., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 02, 2016 , LexisNexis #0117-008

In re Spoverlook, LLC

Ruling
Rejection of settlement agreement with homeowers’ association approved. (Bankr. D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of In re Spoverlook, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 07, 2016 , LexisNexis #1116-012

In re Alpha Natural Res., Inc.

Ruling
Agreement for royalties for coal extraction was executory and could be rejected. (Bankr. E.D.Va.)
Issue(s)
Could debtor reject agreement for coal extraction royalties?

ABI Membership is required to access the full summary of In re Alpha Natural Res., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 11, 2016 , LexisNexis #0916-115

In re Goodrich Petro. Corp.

Ruling
Settlement agreement was not an executory contract that could be assumed or rejected. (Bankr.S.D. Tex.)
Issue(s)
Was settlement agreement in lease dispute an executory contract that debtor could be forced to assume or reject?

ABI Membership is required to access the full summary of In re Goodrich Petro. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 26, 2016 , LexisNexis #0816-069

In re Spoverlook LLC

Ruling
Settlement with homeowners’ association was executory and could be assumed or rejected by debtor.
Issue(s)
Was settlement with home owners’ association an executory contract that could be assumed or rejected by debtor?

ABI Membership is required to access the full summary of In re Spoverlook LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 14, 2016 , LexisNexis #0716-005

In re Sabine Oil & Gas Corp.

Ruling
Covenants in agreements that allegedly "run with the land" did not prevent rejection of the agreements by debtor.
Issue(s)
Whether debtor was prevented from rejecting agreements because they allegedly contained certain covenants that "run with the land" under state law?

ABI Membership is required to access the full summary of In re Sabine Oil & Gas Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 03, 2016 , LexisNexis #0516-114