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§ 365(b)(1)

In re Moore

Jan
12
2010
Ruling
Creditor landlord entitled to administrative expense claim for lease payments not paid into confirmed plan.
Procedural posture

Debtors' chapter 13 case came before the court on a creditor's motion for relief from the 11 U.S.C.S. 362 automatic stay. The creditor asserted that he was owed $ 180,000 on a promissory note.

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Consumer opinion summary, case decided on January 12, 2010 , LexisNexis #0310-139
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In re DBSI Inc.

May
28
2009
Ruling
Assumption and assignment of commercial sublease denied absent adequate assurance of future performance.
Procedural posture

Pursuant to 11 U.S.C.S. § 365(b)(1), a chapter 11 debtor moved to assume and assign the lease of a commercial office building to the group of tenant-in-common owners. The sublessee objected to the assumption and assignment.

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Commercial opinion summary, case decided on May 28, 2009 , LexisNexis #0709-048
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In re Heights Subdivision LLC

Feb
12
2009
Ruling
Debtor that owned subdivision could not assume contract with developer that it had breached.
Procedural posture

A debtor filed a motion to assume an executory contract with a developer, pursuant to 11 U.S.C.S. § 365.

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Commercial opinion summary, case decided on February 12, 2009 , LexisNexis #0409-114
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In re Bachrach Clothing Inc.

Sep
30
2008
Ruling
Bankruptcy court properly required debtors to pay accrued real estate taxes on a nonresidential lease before LLC could assume lease.
Procedural posture

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the Northern District of Illinois, which held, pursuant to 11 U.S.C.S. § 365(b)(1), that the debtor was required to pay accrued real estate tax obligations under a nonresidential property lease in order to cure a default before appellee, a limited liability company (LLC) assumed a lease.

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Commercial opinion summary, case decided on September 30, 2008 , LexisNexis #1008-113
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In re Coffman

Sep
24
2008
Ruling
Confirmation denied due to failure of plan to cure prepetition arrearages by lease termination date.
Procedural posture

A creditor objected to the confirmation of debtors'chapter 13 plan on the ground that the plan proposed a disparate treatment of claimants receiving conduit payments and that the plan did not provide for full payment of the creditor's arrearage claim by the lease termination date.

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Consumer opinion summary, case decided on September 24, 2008 , LexisNexis #1008-075
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In re Bachrach Clothing Inc.

Aug
02
2007
Ruling
Debtor's failure to pay real estate taxes for period of tenancy was a default.
Procedural posture

Movant, the vendee of certain of debtor's operating assets, sought an order requiring debtor to pay certain real estate taxes in connection with a lease that vendee was assuming. The taxes at issue related to a period of time during which debtor was in possession of the leasehold, raising the question of whether debtor's failure to pay those taxes constituted a default under 11 U.S.C. § 365(b)(1).

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opinion summary, case decided on August 02, 2007 , LexisNexis #0907-077
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Abovenet Inc. v. SBC Telecom Inc.

Feb
27
2007
Ruling
Simple default, rather than default as defined in agreement, is sufficient to require cure by debtor as prerequisite to assumption.
Procedural posture

Appellant debtor challenged an order of the United States Bankruptcy Judge sitting in a United States Bankruptcy Court, which denied its motion to assume a so-called Dark Fiber Agreement with appellee corporation. At issue was whether there was a default pursuant to 11 U.S.C. § 365(b)(1) under an agreement whereby appellant had agreed to build and appellee had agreed to lease a minimum commitment of fiber miles.

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opinion summary, case decided on February 27, 2007 , LexisNexis #0307-131
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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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