- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
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C.O.P. Coal Dev. Co. v. C.W. Mining Co. (In re C.W. Mining Co.)
Feb
03
2009
Ruling
Lease that did not terminate automatically upon filing of petition properly held to be assumable.
Procedural posture
Appellee bankruptcy debtor leased property from appellant lessor on which the debtor conducted coal mining operations, and the lessor moved for a finding that the lease was not assumable due to automatic default termination, or that the lease was a non-assignable personal services contract. The lessor appealed the order of the Bankruptcy Court for the District of Utah which denied the lessor's motion.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Buscovs Inc.
Nov
21
2008
Ruling
Bank's objection to sale of substantially all assets, including private credit card program, overruled.
Procedural posture
Debtors proposed a sale of substantially all of their assets, to include an assignment of a private label credit card program agreement between the debtors and a bank. The bank objected to the sale on the ground that 11 U.S.C.S. § 365(c)(2) prohibited the assignment of the executory contract to extend debt financing or financial accommodations to or for the benefit of the debtors.
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In re Ward
Aug
08
2008
Ruling
Prepetition forbearance agreement could be incorporated into plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A bank, acting as indenture trustee for registered noteholders, filed an objection to confirmation of the debtors' plan.
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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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Court
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