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§ 101(5)(B)

Roberts, In re--Aire Serv. LLC v. Roberts

Oct
10
2019
Ruling
Injunctive relief as a remedy under a covenant not to compete constituted a claim. (Bankr. N.D.Ill.)
Issue(s)
Definitions; “Claim”; Right to Equitable Remedy.

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Commercial opinion summary, case decided on October 10, 2019 , LexisNexis #1219-001
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Whitcomb v. Smith (In re Smith)

Dec
03
2015
Ruling
State court judgment for equitable remedy was not in rem and could be asserted as proof of claim.
Issue(s)
Was judgment for breach of agreement for transfer of title in rem and not a basis for a proof of claim?

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Consumer opinion summary, case decided on December 03, 2015 , LexisNexis #1215-106
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In re Vargas Realty Enters.

Jul
23
2009
Ruling
Reargument of finding that four debtor corporations each owned "single asset real estate" denied.
Procedural posture

Debtor corporations filed petitions under chapter 11 and the court ordered joint administration of their bankruptcy estates. In a prior ruling, the court held that each debtor owned property that met the definition of "single asset real estate" under 11 U.S.C.S. § 101(51B). The debtors filed a motion for permission to reargue the court's ruling.

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Commercial opinion summary, case decided on July 23, 2009 , LexisNexis #0909-071
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Abboud v. Ground Round Inc. (Ground Round Inc.)

Dec
15
2005
Ruling
Landlord was entitled to enforce a lease's retransfer of a liquor license provision, and the debtor's argument that the landlord had an alternative right of payment remedy available that constituted a dischargeable claim was rejected.
Procedural posture

Appellee landlord commenced an adversary proceeding to determine appellant chapter 11 debtor's interest in a liquor license previously used in its operation of a restaurant at a leased premises. The bankruptcy court granted the landlord summary judgment, holding that the landlord was entitled to enforce a retransfer provision under the lease. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 15, 2005 , LexisNexis #0106-106
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