- 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.
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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- 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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:
- 11 U.S.C.
In re Bourbon Saloon Inc.
Oct
11
2013
Ruling
Debtor had assumed lease pursuant to agreed order.
Issue(s)
Whether lease between debtor and the lessor had been assumed and whether defaults existing at the time the lease was assumed had been cured.
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:
- 11 U.S.C.
In re Cunningham
Jan
18
2013
Ruling
Relief from stay for tax auction after breach of reaquisition agreement granted as prompt cure was not possible.
Procedural posture
A county brought motions for stay relief to allow public auctions of the five chapter 13 debtors' foreclosed property to proceed. The debtors sought an opportunity to pay their delinquent taxes through a plan under chapter 13.
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- 11 U.S.C.
In re Jacobsen
Feb
07
2011
Ruling
Debtor franchisee was required to cure existing defaults or provide adequate assurance of cure prior to assuming license agreements and leases.
Procedural posture
The chapter 11 debtor-in-possession moved to assume six leases and license agreements for franchises he owned for drive in restaurants located in Mississippi. The creditor franchisor filed a motion to dismiss or for summary judgment on the motions to assume.
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:
- 11 U.S.C.
In re Jennifer Convertibles Inc.
Feb
04
2011
Ruling
Assumption of licenses by debtor furniture store operator approved where licensor was adequately protected.
Procedural posture
Bankruptcy debtors sought approval of their joint plan of reorganization which provided for substantive consolidation of the debtors, which consisted of debtors operating furniture stores and one debtor which operated several stores, and the debtors sought to assume trademark usage licenses entered into by the one debtor and a licensor which was also the one debtor's primary supplier. The licensor objected to the plan and the assumption.
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