- 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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Court
:
- 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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Court
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In re New Orleans Auction Galleries Inc.
Jan
15
2013
Ruling
Debtor in possession did not owe debt to creditor under assumed consignment contract until payment was received postpetition.
Procedural posture
Creditor seller consigned certain artworks with debtor. A purchaser agreed to buy the artwork, but later stopped payment on two credit cards on which he charged the purchase. One of the credit card companies reversed itself postpetition and paid part of the purchaser's charge, but the other did not. Creditor had not been paid anything under the consignment.
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Court
:
- 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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Court
:
- 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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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
In re DSBC Invs. LLC
Sep
11
2009
Ruling
Creditor that received full payment pursuant to chapter 11 plan was not entitled to default rate of interest.
Procedural posture
In this chapter 11 case, an oversecured creditor whose debt had been fully paid pursuant to a confirmed plan, sought prepetition and postpetition late charges and default interest. The creditor also sought attorneys' fees under 11 U.S.C.S. § 506(b).
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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
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