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§ 365(f)

Berry, In re

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.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 27, 2023 , LexisNexis #1223-082

Sci. Fitness, LLC, In re--Evans Plaza Partners, LLC v. Evans Fitness Club Express, LLC

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.

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Commercial opinion summary, case decided on March 31, 2020 , LexisNexis #0520-079

315 Franklin, LLC, In re

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.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 12, 2017 , LexisNexis #0118-066

In re Chicago Invs. LLC

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.

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Commercial opinion summary, case decided on April 24, 2012 , LexisNexis #0512-048

Illinois Inv. Trust No. 92-7163 v. Allied Waste Indus. (In re Research Tech. Corp.)

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.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 01, 2010 , LexisNexis #1010-137

In re Dewey Ranch Hockey LLC

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.

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Commercial opinion summary, case decided on June 15, 2009 , LexisNexis #0809-005

In re Fleming Cos.

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.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 22, 2007 , LexisNexis #0907-093

Hammons Fall 2006, LLC, In re--Revocable Trust of John Q. Hammons Dated December 28, 1989 v. JWJ Hotel Holdings Inc.

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.

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Commercial opinion summary, case decided on December 28, 1989 , LexisNexis #0723-081