Home » Chapter 3 » SUBCHAPTER IV » § 365

Lewis Brothers Bakeries Inc. v. Interstate Brands Corp.

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 9 months ago
Citation:
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling:
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing...
Judge(s):
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Tag(s):

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

  • Summarized by Cassandra Porter , Cognizant Technology Solutions
  • 8 years 12 months ago
Citation:
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and...
Judge(s):
Sack, Parker Raggi
Tag(s):

Jaffe v. Samsung Electronics Company, Limited

Citation:
Jaffe v. Samsung Electronics Co., Ltd., et al., Case No. 12-1802 (4th Cir. Dec. 3, 2013)
Ruling:
The bankruptcy court properly recognized that in considerting a request for discretionary relief under section 1521(a), the court must also apply the balancing test set forth in section 1522(a). ...
Judge(s):
Niemeyer, Wynn, and Floyd, Circuit Judges
Tag(s):

Route 21 Assoc. of Belleville, LLC v. Millennuim Custodial Trust (In re Lyondell Chemical Company)

Citation:
In re Lyondell Chemical Co. --- Fed.Appx. ----, 2013 WL 5733196 C.A.2 (N.Y.),2013.
Ruling:
This Summary Order’s terms render it of no precedential value. Nevertheless, all information is instructive. The Summary Order adopted the District Court’s decision which denied a purchaser...
Judge(s):
ROSEMARY S. POOLER, GERARD E. LYNCH, CHRISTOPHER F. DRONEY,
Tag(s):

In re Lazy Days' RV Center Inc.

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 9 years 8 months ago
Citation:
-- F3d. --, No. 12-4047 (3d Cir. July 30, 2013)
Ruling:
The United States Court of Appeals for the Third Circuit reversed the judgment of the United States District Court for the District of Delaware, finding that the United States Bankruptcy Court for...
Judge(s):
Scirica, Hardiman, and Aldisert, Circuit Judges
Tag(s):

Lewis Brothers Bakeries Inc. v. Interstate Brands Corp. (In re Interstate Bakeries Corp.)

Citation:
Lewis Brothers Bakeries Inc v. Interstate Brands Corp (In re Interstate Bakeries Corp.), No. 11-1850 (8th Cir. Aug 30 2012)
Ruling:
Following the Countryman test for an executory contract (whether obligations remain on both sides so underperformed that the failure of either party to complete performance of those obligations...
Judge(s):
Bye (majority author), Smith, and Colton (dissenting)
Tag(s):

FDIC v. AmTrust Financial Corp. (In re AmTrust Financial Corp.)

Citation:
No. 1:10-cv-1298 (6th Cir. Sept. 14, 2012)
Ruling:
In AFFIRMING the district court, the Sixth Circuit Court of Appeals found that language in a stipulated cease-and-desist order requiring a parent corporation to "ensure" that its subsidiary, a...
Judge(s):
Martin and Daughtrey, Circuit Judges; Maloney, District Judge sitting by designation.
Tag(s):

Lefkowitz v. Michigan Trucking, LLC (In re Gainey Corp.)

Citation:
BAP 6th Cir. (Case No. 11-8038)
Ruling:
AFFIRMING the bankruptcy court's ruling for an order dismissing the Appellant's (the Liquidation Trustee) adversary complaint for failure to state a claim for relief pursuant to Federal Rule of...
Judge(s):
Fulton, McIvor and Shea-Stonum.
Tag(s):

Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC

  • Summarized by Jonathan Brand , Transworld Systems, Inc.
  • 10 years 8 months ago
Citation:
In re Lakewood Engineering & Manufacturing Co.
Ruling:
The Seventh Circuit was not persuaded by Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985), and held that, when an intellectual-property license is...
Judge(s):
Easterbrook, Williams, and Tinder
Tag(s):

Badami v. Sears (In re AFY, Inc.)

Citation:
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
Judge(s):
Kressel, Schermer, and Venters
Tag(s):

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