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§ 365(c)(2)

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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Commercial opinion summary, case decided on December 19, 2022 , LexisNexis #0223-058
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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 ]
Commercial opinion summary, case decided on July 22, 2020 , LexisNexis #0820-083
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In re Buscovs Inc.

Nov
21
2008
Ruling
Bank's objection to sale of substantially all assets, including private credit card program, overruled.
Procedural posture

Debtors proposed a sale of substantially all of their assets, to include an assignment of a private label credit card program agreement between the debtors and a bank. The bank objected to the sale on the ground that 11 U.S.C.S. § 365(c)(2) prohibited the assignment of the executory contract to extend debt financing or financial accommodations to or for the benefit of the debtors.

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Commercial opinion summary, case decided on November 21, 2008 , LexisNexis #0109-007
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