- 11 U.S.C.
Terrabella Studios LLC, In re
May
05
2025
Ruling
Lease assumption barred as state court judgment conclusively terminated lease and eviction was final under state law. (Bankr. D. Kan.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign; Nonresidential Lease Terminated Prior to Order For Relief.
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- 11 U.S.C.
Welcome Grp. 2, LLC
Jul
10
2024
Ruling
Debtor was not precluded from assuming a franchise agreement with a hotel chain as thedebtor had no intention of assigning the agreement. (Bankr. S.D. Ohio)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign;
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:
- 11 U.S.C.
Svenhard's Swedish Bakery, In re
Dec
19
2022
Ruling
Agreement to release a large debt contingent on prior full payment of an agreed smaller sumunder specific terms was not an executory contract that could be assumed and assigned overthe creditor's objection. (Bankr. E.D. Cal.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign;
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Interlogic Outsourcing, Inc., In re--OneSource Virtual, Inc. v. Interlogic Outsourcing, Inc.
Jul
30
2021
Ruling
Defendant's second abstention motion was granted because of the predominant role Indianalaw would play in interpreting the transfer agreement involved in the adversary proceeding.(Bankr. W.D. Mich.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign.
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- 11 U.S.C.
AJRANC Ins. Agency, Inc., In re
Jul
02
2021
Ruling
Debtor could not have assumed franchise agreement that it could not assign under federaltrademark law. (Bankr. M.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign;
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:
- 11 U.S.C.
Jonesboro Tractor Sales, Inc., In re
Jul
22
2020
Ruling
Agreements with creditor were not a contract to make a loan or extend debt financing accommodations for the benefit of debtor and were assumable. (Bankr. E.D. Ark.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign; Loans, Financing and Securities.
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Court
:
( Judge Jones ) [ Bankruptcy Court ]
Resler, In re--Resler v. Helton
Mar
21
2019
Ruling
Claims for post-petition breach of consulting agreement were not properly removable. (Bankr.D. Idaho)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign.
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:
- 11 U.S.C.
Official Comm. of Unsecured Creditors of Great Lakes Quick Lube LP v. T.D. Invs. I LLP (In re Great Lakes Quick Lube LP)
Mar
11
2016
Ruling
Lease terminations erroneously held not to be transfers.
Issue(s)
Was termination a preferential or a fraudulent transfer of the leases so that the value of the leases was property of the estate that should be available to the bankrupt's creditors?
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Judge or Jurisdiction information not available
Moes Franchisor LLC v. Taylor Inv. Partners II LLC (In re Taylor Inv. Partners II LLC)
Jun
29
2015
Ruling
Debtors were barred from assuming franchise agreement.
Issue(s)
Could debtor in possession assume franchise agreements?
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:
- 11 U.S.C.
In re Caisson Labs. Inc.
Mar
13
2015
Ruling
Lease irreversibly terminated by state court proceeding could not be assumed.
Issue(s)
Could debtor assume its commercial lease or was there no viable lease to assume?
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