Better 4 You Breakfast, Inc., In re--Better 4 You Breakfast, Inc. v. Intrepid Inv. Bankers LLC
Mar
06
2025
Ruling
Creditor was entitled to treat engagement agreement as breached by debtor upon rejection, giving rise to a claim for rejection damages. (Bankr. C.D. Cal.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach.
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Court
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SAS Ab, In re
Jul
22
2024
Ruling
Timely rejection of prepetition aircraft leases allowed as creditors’ objections were notapplicable. (Bankr. S.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach.
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Court
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LexFit, LLC v. Bond St. Fund 20, LLC (LexFit, LLC)
Mar
22
2024
Ruling
Debtor's landlord was entitled to summary judgment for base rent, additional rent, andinterest as rejection of an unexpired lease was a breach of the lease rather than a termination.(Bankr. E.D. Ky.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach.
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Court
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Huggins, In re--Huggins v. Grant
Feb
26
2024
Ruling
Defendant's failure to assume the option agreement in her Chapter 13 bankruptcy wasimmaterial as she was not in default at the time of filing the petition and there was no defaultto be cured. (Bankr. D.S.C.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Tri Harbor Holdings Corp., In re--Kavod Pharms. LLC v. Sigmapharm Labs., LLC
Nov
22
2022
Ruling
Executory agreement not assumed by debtor deemed breached as of the date immediatelybefore the debtors' petition date. (Bankr. D.N.J.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach; Where
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Palmdale Hills Prop., In re--Speier v. Argent Mgmt., LLC
Aug
02
2017
Ruling
Trustee's deemed rejection of the development management agreement was treated as abreach occurring just prior to the petition date. (Bankr. C.D. Cal.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach; Where Lease Has Not Been Assumed.
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Court
:
- 11 U.S.C.
Print Harmony, LLC, In re
Apr
04
2017
Ruling
Landlord's rejection damages claim denied where the landlord's breach of the lease agreement essentially forced debtor to reject the lease. (Bankr. M.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach; Where Lease Has Not Been Assumed.
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Court
:
- 11 U.S.C.
In re Montreal, Me. & Atl. Ry.
Aug
25
2016
Ruling
Post-rejection commercial rent claims did not qualify for administrative expense status absentbenefit to the estate. (Bankr. D. Me.)
Issue(s)
Were post-rejection commercial rent claims entitled to administrative priority status?
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Court
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Grocery Haulers Inc. v. A&P (In re A&P)
Jan
27
2012
Ruling
Bankruptcy court properly held that WARN Act claims against debtors arose prepetition by virtue of debtors' rejection of an executory contract.
Procedural posture
Appellant trucking company filed a motion in the United States Bankruptcy Court for the Southern District of New York, seeking a finding that the automatic stay did not apply to third-party claims it wished to bring against appellee debtors in state court or, alternatively, seeking relief from the stay. The bankruptcy court denied the motion. The company appealed.
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Court
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In re Old Carco LLC
Jan
05
2010
Ruling
Auto dealers' rejection damages claims not entitled to administrative expense priority.
Procedural posture
Movants, domestic auto dealers affected by the debtors' rejection of certain executory sales and service agreements, filed a motion seeking administrative expense priority for damages they sustained as a result of the debtors' rejection of those contracts. The debtors argued that any such claims were pre-petition general unsecured claims pursuant to 11 U.S.C.S. § 365(g).
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Court
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