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§ 365(f)(2)

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

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