Jrjr33, Inc., In re--Yaquinto v. CNA Ins. Cos.
Oct
24
2024
Ruling
Insurance policy was not an executory contract that could be assumed and assigned given that no material obligations remained. (Bankr. N.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment.
ABI Membership is required to access the full summary of Jrjr33, Inc., In re--Yaquinto v. CNA Ins. Cos. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Berry, In re
Oct
27
2023
Ruling
Evidence at the evidentiary hearing supported a maximum total of actual payments made bythe creditor but it did not support a claim for attorneys' fees and costs. (Bankr. D.D.C.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment.
ABI Membership is required to access the full summary of Berry, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Sci. Fitness, LLC, In re--Evans Plaza Partners, LLC v. Evans Fitness Club Express, LLC
Mar
31
2020
Ruling
Landlord's complaint for damages was denied as the lease was rejected and could not havebeen assigned or transferred to defendant under the asset purchase agreement. (Bankr. S.D.Ga.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment; Requirements for Assignment.
ABI Membership is required to access the full summary of Sci. Fitness, LLC, In re--Evans Plaza Partners, LLC v. Evans Fitness Club Express, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
315 Franklin, LLC, In re
Dec
12
2017
Ruling
Court ordered that the sale of debtor's real property would be approved under the conditionthat the debtor obtain authorization to assume and assign any tenant leases. (Bankr. D.D.C.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment; Requirements for Assignment.
ABI Membership is required to access the full summary of 315 Franklin, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Chicago Invs. LLC
Apr
24
2012
Ruling
Debtor franchisee's plan confirmed over objection of franchisor whose right of first refusal on transfers of interest in business was not binding.
Procedural posture
Bankruptcy debtors, franchisees of fitness centers, proposed a plan of reorganization which provided for continuing operation of the centers variously by the debtors or a designee of their major creditor under a settlement agreement between the debtors and the creditor, and the plan provided for payment of all creditors in full. The debtors' franchisor objected to confirmation of the debtors' plan.
ABI Membership is required to access the full summary of In re Chicago Invs. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Illinois Inv. Trust No. 92-7163 v. Allied Waste Indus. (In re Research Tech. Corp.)
Oct
01
2010
Ruling
Assignment of executory contracts for gas-energy conversion to investment trust properly denied absent adequate assurance of future performance.
Procedural posture
In Chapter 7 proceedings, a bankruptcy court denied the trustee's motion under 11 U.S.C.S. § 365(f)(2)(B) to assume and assign a debtor's executory contracts to appellant investment trust. The bankruptcy court also ordered appellant assignee to make an escrow deposit. The United States District Court for the Northern District of Illinois, Eastern Division, affirmed and held the assignee in contempt. Appellants sought review.
ABI Membership is required to access the full summary of Illinois Inv. Trust No. 92-7163 v. Allied Waste Indus. (In re Research Tech. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Dewey Ranch Hockey LLC
Jun
15
2009
Ruling
Motion for assumption and assignment of debtor's executory contract with hockey league denied due to provision requiring league consent.
Procedural posture
Bankruptcy debtors, entities related to a professional hockey franchise, moved for authority to sell substantially all of the assets of the franchise free and clear of liens and encumbrances. The debtors also moved for approval of an asset purchase agreement which included a provision for relocation of the franchise without the consent of the league of which the franchise was a member.
ABI Membership is required to access the full summary of In re Dewey Ranch Hockey LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Fleming Cos.
Aug
22
2007
Ruling
Assumption and assignement of executory contract denied where proposed assignee could not give adequate assurance of performance of material terms.
Procedural posture
Appellants, grocers, appealed from the order of the District Court for the District of Delaware which affirmed the bankruptcy court's denial of a motion for assumption and assignment of an executory contract in favor of nondebtor contracting party. Debtor was a wholesale supplier of grocery products to supermarkets. The case implicated 11 U.S.C. § 365.
ABI Membership is required to access the full summary of In re Fleming Cos. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Hammons Fall 2006, LLC, In re--Revocable Trust of John Q. Hammons Dated December 28, 1989 v. JWJ Hotel Holdings Inc.
Dec
28
1989
Ruling
Debtor could not avoid purchase right of co-member of LLC, contained in a non-executory agreement, that was triggered upon effective date of plans calling for sale of debtor’s interest in the LLC. (Bankr. D. Kan.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment.
ABI Membership is required to access the full summary of Hammons Fall 2006, LLC, In re--Revocable Trust of John Q. Hammons Dated December 28, 1989 v. JWJ Hotel Holdings Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: