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§ 365(f)(1)

In re Chicago Invs. LLC

Ruling
Debtor franchisee's plan confirmed over objection of franchisor whose right of first refusal on transfers of interest in business was not binding.
Procedural posture

Bankruptcy debtors, franchisees of fitness centers, proposed a plan of reorganization which provided for continuing operation of the centers variously by the debtors or a designee of their major creditor under a settlement agreement between the debtors and the creditor, and the plan provided for payment of all creditors in full. The debtors' franchisor objected to confirmation of the debtors' plan.

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Commercial opinion summary, case decided on April 24, 2012 , LexisNexis #0512-048

In re Dewey Ranch Hockey LLC

Ruling
Motion for assumption and assignment of debtor's executory contract with hockey league denied due to provision requiring league consent.
Procedural posture

Bankruptcy debtors, entities related to a professional hockey franchise, moved for authority to sell substantially all of the assets of the franchise free and clear of liens and encumbrances. The debtors also moved for approval of an asset purchase agreement which included a provision for relocation of the franchise without the consent of the league of which the franchise was a member.

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Commercial opinion summary, case decided on June 15, 2009 , LexisNexis #0809-005