§ 365(b)

Toys "R" Us Prop. Co. I, LLC, In re

Ruling: 
Landlord's objection to assumption and assignment of commercial lease overruled. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on March 05,2019, LexisNexis #0419-079

Toys "R" Us, Inc., In re

Ruling: 
Landlord's objections to the proposed assumption and assignment of lease overruled as there were no provisions in the debtors' lease or any applicable master agreement relating to tenant mix and balance that prohibited the assignment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0618-097

Trinity River Res., LP, In re

Ruling: 
Trustee could not hold funds in reserve pending a ruling in adversary as there would be no prompt cure as required by 11 U.S.C.S. § 365(b)(1). (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on April 18,2018, LexisNexis #0518-113

Thane Int'l, Inc., In re--Stanley Jacobs Prod., Ltd. v. 9472541 Can. Inc.

Ruling: 
Executory contract that was neither affirmatively assumed nor rejected was not included andassigned in sale transaction. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 21,2018, LexisNexis #0418-009

In re Gretter Autoland Inc.

Ruling: 
Debtor could not assume and assign dealership agreements where could not promptly cure defaults or provide adequate assurance of future performance by the assignee.
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Consumer case opionion summary, case decided on August 17,2015, LexisNexis #0915-011

In re RS Legacy Corp.

Ruling: 
Assumption and assignment of debtor's lease denied on objection of creditor landlord.
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Commercial case opionion summary, case decided on June 25,2015, LexisNexis #0715-117

In re AppleIllinois LLC

Ruling: 
Franchisor not allowed to recover attorneys' fees received in debtor's assumption and assignment of franchise agreement.
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Commercial case opionion summary, case decided on January 24,2014, LexisNexis #0214-077

In re Bourbon Saloon Inc.

Ruling: 
Debtor had assumed lease pursuant to agreed order.
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Commercial case opionion summary, case decided on October 11,2013, LexisNexis #1113-039

In re Cunningham

A county brought motions for stay relief to allow public auctions of the five chapter 13 debtors' foreclosed property to proceed. The debtors sought an opportunity to pay their delinquent taxes through a plan under chapter 13.
Ruling: 
Relief from stay for tax auction after breach of reaquisition agreement granted as prompt cure was not possible.
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Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0313-007

In re New Orleans Auction Galleries Inc.

Creditor seller consigned certain artworks with debtor. A purchaser agreed to buy the artwork, but later stopped payment on two credit cards on which he charged the purchase. One of the credit card companies reversed itself postpetition and paid part of the purchaser's charge, but the other did not. Creditor had not been paid anything under the consignment.
Ruling: 
Debtor in possession did not owe debt to creditor under assumed consignment contract until payment was received postpetition.
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Commercial case opionion summary, case decided on January 15,2013, LexisNexis #0213-008

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