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§ 365(g)

In re IMG Healthcare LLC

Jul
08
2008
Ruling
General unsecured claim based on rejected executory contract calculated based on deemed breach on day before petition date.
Procedural posture

A trustee objected to a creditor's claim in a debtor's chapter 11 bankruptcy case.

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Commercial opinion summary, case decided on July 08, 2008 , LexisNexis #0808-111
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Oil States Intl Inc. v. LTV Corp.

Oct
23
2006
Ruling
Creditor limited to breach of contract claims against the estate after rejection of executory stock purchase agreement.
Procedural posture

Appellant purchaser bought two of appellee debtor's subsidiaries; the agreement included an indemnification provision. After the debtor declared bankruptcy, the purchaser made a preferred stock redemption payment. The purchaser notified the debtor that a lawsuit subject to indemnification had been filed. Thereafter, the debtor rejected the agreement. The purchaser sued for the return of the payment; it appealed three bankruptcy court decisions.

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opinion summary, case decided on October 23, 2006 , LexisNexis #1206-086
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CP Holdings Inc. v. Stanton (In re CP Holdings Inc.)

Sep
14
2006
Ruling
Rejection of leases by lessee in its bankruptcy did not terminate leases leaving assignee of debtor lessor with a perfected security interest in debtor lessor's claim against the lessee.
Procedural posture

Defendants, a trustee and a debtor, appealed an order of the Bankruptcy Court for the Western District of Missouri, which determined that plaintiff assignee held a perfected security interest in the debtor's claim against a lessee for rents.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on September 14, 2006 , LexisNexis #1006-051
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