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§ 365(c)(1)

Welcome Grp. 2, LLC

Jul
10
2024
Ruling
Debtor was not precluded from assuming a franchise agreement with a hotel chain as thedebtor had no intention of assigning the agreement. (Bankr. S.D. Ohio)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign;

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Commercial opinion summary, case decided on July 10, 2024 , LexisNexis #0924-033
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AJRANC Ins. Agency, Inc., In re

Jul
02
2021
Ruling
Debtor could not have assumed franchise agreement that it could not assign under federaltrademark law. (Bankr. M.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign;

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Commercial opinion summary, case decided on July 02, 2021 , LexisNexis #0821-057
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In re Edison Mission Energy

Sep
16
2013
Ruling
Partnership agreements related to gas cogeneration were executory contracts and could be assumed.
Issue(s)
Could gas partnership agreements related to gas cogeneration facilities be assumed .

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Commercial opinion summary, case decided on September 16, 2013 , LexisNexis #1013-041
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In re C.W. Mining Co.

Apr
23
2009
Ruling
Time to assume or reject executory contracts extended absent harm to leaseholder.
Procedural posture

Before the court were two motions: (1) the leaseholder's motion to require the trustee to assume or reject the lease (assumption motion); and (2) the chapter 7 trustee's motion to extend the time for the trustee to assume or reject executory contracts or unexpired leases of the debtor (extension motion).

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Commercial opinion summary, case decided on April 23, 2009 , LexisNexis #0709-115
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Raddison Design Mgmt. v. Cummins

Jan
03
2008
Ruling
State law governing contractual non-assignment provisions did not bar assignment of contract through Canadian bankruptcy asset sale.
Procedural posture

Plaintiff, the purchaser of a bankrupt Canadian subcontractor's assets, filed a suit against defendant general contractor, seeking to enforce the subcontractor's rights under a contract with the contractor. The contractor moved to dismiss the suit for lack of subject matter jurisdiction. He contended that the purchaser could not assert claims under the executory contract because the contract contained an enforceable non-assignment provision.

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Commercial opinion summary, case decided on January 03, 2008 , LexisNexis #0108-117
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Scotese v. Orthodontric Ctrs. of Ohio Inc. (In re OCA Inc.)

Aug
24
2007
Ruling
Debtor's executory business services agreement with dentist could be assumed.
Procedural posture

Defendant chapter 11 debtor filed a motion pursuant to 11 U.S.C. § 365 to assume an executory contract with plaintiff dentist, to which the dentist objected. The dentist filed an adversary complaint against the debtor, alleging that he was entitled to an accounting, alleging breach of contract, and alleging that the debtor's conduct under the contract was unlawful.

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Commercial opinion summary, case decided on August 24, 2007 , LexisNexis #1007-044
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In re Aerobox Composite Structures

Jul
27
2007
Ruling
Licensor not entitled to order compelling debtor to reject executory agreement.
Procedural posture

A corporate debtor filed a petition under chapter 11, and a company that licensed technology to the debtor before the debtor declared bankruptcy filed a motion to compel the debtor to reject the parties'agreement or, in the alternative, for relief from the automatic stay.

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opinion summary, case decided on July 27, 2007 , LexisNexis #0807-112
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In re Adelphia Communs. Corp.

Jan
11
2007
Ruling
Franchisee rights to consent to assignment and certain rights of first refusal were enforceable pursuant to "applicable law" exception.
Procedural posture

The court had before it the executory contract assignment issues, under 11 U.S.C. § 365, associated with debtors'contemplated transfer of their cable operations to affiliates of two asset purchase buyers. Though debtors had been able to consensually resolve the section 365 issues with all but about 14 of the approximately 2,500 local franchising authorities ("LFAs") that had issued franchises, issues with respect to the remaining 14 remained.

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opinion summary, case decided on January 11, 2007 , LexisNexis #0207-091
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