A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
Motion to Dismiss Chapter 11 Case denied where Creditor/Franchisor did not validly terminate franchise agreement pre-petition, affording Debtor opportunity to assume Franchise Agreement and...
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
Court concluded that the non-exclusive patent licenses were "executory contracts" that were deemed rejected by operation of law 60 days after conversion of the cases from chapter 11 to chapter 7. ...
The appeal of the bankruptcy's denial of the debtors' motion to assume and assign automobile dealership agreements was moot because, among other reasons, the assignment would require the proposed...
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
In short, Appellants' claims do not fit into the narrow
category of matters that "have no existence outside of the
bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d
at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
