- 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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- 11 U.S.C.
Bridge Bus Station & Infrastructure Dev't Fund, LLC
Apr
10
2023
Ruling
General contractor was not entitled to assert a cure claim based on a purported default under an unexpired lease assumed by the debtor as it lacked the right to pursue a breach of contract claim. (2d Cir.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption; Cure.
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Judge or Jurisdiction information not available
- 11 U.S.C.
PG&E Corp., In re
Sep
08
2021
Ruling
The bankruptcy code excuses debtors from curing defaults arising from the filing of theirbankruptcy petitions. (Bankr. N.D. Cal.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Exceptions to
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Judge or Jurisdiction information not available
- 11 U.S.C.
Toys "R" Us Prop. Co. I, LLC, In re
Mar
05
2019
Ruling
Landlord's objection to assumption and assignment of commercial lease overruled. (Bankr. E.D. Va.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Adequate Assurance for Shopping Center Leases.
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- 11 U.S.C.
Toys "R" Us, Inc., In re
May
24
2018
Ruling
Landlord's objections to the proposed assumption and assignment of lease overruled as there were no provisions in the debtors' lease or any applicable master agreement relating to tenant mix and balance that prohibited the assignment. (Bankr. E.D. Va.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Adequate Assurance for Shopping Center Leases.
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- 11 U.S.C.
Trinity River Res., LP, In re
Apr
18
2018
Ruling
Trustee could not hold funds in reserve pending a ruling in adversary as there would be no prompt cure as required by 11 U.S.C.S. § 365(b)(1). (Bankr. W.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.
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- 11 U.S.C.
Thane Int'l, Inc., In re--Stanley Jacobs Prod., Ltd. v. 9472541 Can. Inc.
Feb
21
2018
Ruling
Executory contract that was neither affirmatively assumed nor rejected was not included andassigned in sale transaction. (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.
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In re Gretter Autoland Inc.
Aug
17
2015
Ruling
Debtor could not assume and assign dealership agreements where could not promptly cure defaults or provide adequate assurance of future performance by the assignee.
Issue(s)
Could debtor assume and assign its auto dealership agreements with manufacturers over the manufacturers' objections?
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- 11 U.S.C.
In re RS Legacy Corp.
Jun
25
2015
Ruling
Assumption and assignment of debtor's lease denied on objection of creditor landlord.
Issue(s)
Could debtors assume and assign their lease over the objection of creditor landlord?
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- 11 U.S.C.
In re AppleIllinois LLC
Jan
24
2014
Ruling
Franchisor not allowed to recover attorneys' fees received in debtor's assumption and assignment of franchise agreement.
Issue(s)
Whether a franchisor was entitled to recover attorney fees under 11 U.S.C.S. § 365(b)(1)(B) as part of the cure amount due to it upon debtor's assumption and assignment of franchise agreements.
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