§ 365

Bobka v. Toyota Motor Credit Corp.

Ruling: 
Settlement with successor asset holder of dispute over costs of abandoning offshore oil andgas assets did not satisfy the original operator's obligations not assumed by the successor. (5thCir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 31,2020, LexisNexis #0920-032

Mamedes, In re--Del Franco v. Mamedes

Ruling: 
Court concluded that the settlement which merely provided for a stream of payments to bemade by defendant to plaintiff was not an executory contract under either the Countryman testor the functional analysis test. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-005

Hitz Rest. Grp., In re

Ruling: 
Debtor restaurant owner owed at least 25 percent of the rent amount to the creditor even aftergovernor’s order closing restaurants due to COVID-19 triggered the force majeure clause.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on June 02,2020, LexisNexis #0720-055

Donghia, Inc., In re

Ruling: 
Trustee's request that the date of the rejection be deemed retroactive was denied as there hadbeen no post-COVID-19 modification to the code as to a bankruptcy estate's obligations to payrent. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on May 12,2020, LexisNexis #0620-085

Pier 1 Imps., Inc., In re

Ruling: 
Lessors did not have a right to compel payment from debtor tenants as proper remedy was topursue an administrative expense claim. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 10,2020, LexisNexis #0620-086

Sci. Fitness, LLC, In re--Evans Plaza Partners, LLC v. Evans Fitness Club Express, LLC

Ruling: 
Landlord's complaint for damages was denied as the lease was rejected and could not havebeen assigned or transferred to defendant under the asset purchase agreement. (Bankr. S.D.Ga.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-079

Greenpoint Tactical Income Fund LLC, In re

Ruling: 
Debtors' motion to reject a settlement agreement was granted due to significant outstandingobligations by both the debtor and the other party. (Bankr. E.D. Wis.)
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Commercial case opionion summary, case decided on February 21,2020, LexisNexis #0420-010

Alta Mesa Res., In re

Ruling: 
Summary judgment was denied on the fiduciary duty claims as whether the duties werebreached was a disputed question of material fact. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on December 20,2019, LexisNexis #0120-082

Munoz, In re

Ruling: 
Debtors' could not assume their buyers' interest in a real estate contract that they did notdisclose in their prior bankruptcy case. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 04,2019, LexisNexis #0120-033

Senior Care Ctrs., LLC, In re

Ruling: 
Debtors were entitled to assume leases as a reasonable exercise of business judgment. (Bankr.N.D. Tex.)
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Commercial case opionion summary, case decided on October 04,2019, LexisNexis #1119-079

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