Home » Bankruptcy Process and Procedure » Executory Contracts/Leases

In re Cambrian Holding Co., Inc

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 5 months 2 days ago
Citation:
23-5507 (6th Circuit, Aug 06,2024) Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the bankruptcy court’s “Declaration Order,” which had clarified that its previous orders barred the lessor-appellant from challenging the validity of a lease...
Judge(s):
Gibbons, Bush, and Murphy
Tag(s):

In re: RGN-GROUP HOLDINGS, LLC, et al.,

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 9 months 3 weeks ago
Citation:
22-3019 & 22-3020 (3rd Circuit, Mar 14,2024) Not Published
Case Status:
Reversed and Remanded
Ruling:
In a non-precedential opinion, the Third Circuit held that, under Texas law, a landlord and tenant-assignee cannot amend a lease to increase the tenant-assignor’s liability under the lease unless...
Judge(s):
JORDAN, ROTH and AMBRO, Circuit Judges
Tag(s):

Anytime Fitness v. Thornhill Brothers

Citation:
22-30757 Fifth Circuit (5th Circuit, Oct 27,2023) Published
Case Status:
Reversed and Remanded
Ruling:
Whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court’s approval of a debtor’s partial assignment of an executory contract? It does not.
Judge(s):
Per Curiam- Richman, Chief Judge, and Southwick and Oldham.
Tag(s):

In re: SVENHARD’S SWEDISH BAKERY

  • Summarized by Benjamin Fischer , Klehr Harrison Harvey Branzburg LLP
  • 1 year 4 months ago
Citation:
BAP No. EC-23-1001-GLB; Bk. No. 19-15277 (9th Circuit, Aug 29,2023) Published
Case Status:
Affirmed
Ruling:
A 9th Circuit BAP affirmed an opinion of the Bankruptcy Court for the Eastern District of California holding that a settlement agreement with a pension fund is not an executory contract because the...
Judge(s):
Gan, Lafferty, and Brand
Tag(s):

Inmarsat Global v. SpeedCast Intl

  • Summarized by Craig Geno , Craig M Geno PLLC
  • 1 year 5 months ago
Citation:
22-20274 (5th Circuit, Aug 03,2023) Published
Case Status:
Affirmed
Ruling:
The 5th circuit held that the contracts that were at issue were not ambiguous. And, the definitions of critical terms contained within the contracts (that were the central focus of the disputes)...
Judge(s):
Barksdale, Southwick and Higginson
Tag(s):

First Foundation Bank v. Ramin Pourteymour (In re: Pourteymour)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 8 months ago
Citation:
SC-22-1008-GFB, SC-22-1009-GFB, SC-22-1010-GFB (9th Circuit, Apr 12,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's orders dismissing a chapter 11 case pursuant to 11 U.S.C. § 1112(b) and denying a creditor's pending motions...
Judge(s):
GAN, FARIS, and BRAND
Tag(s):

In re: ALEX A. KHADAVI

Citation:
22-1205 (9th Circuit, Apr 03,2023) Not Published
Case Status:
Affirmed
Ruling:
U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment by the U.S. Bankruptcy Court for the Central District of California (BC), declaring that the...
Judge(s):
Gary A. Spraker; Frederick P. Corbit; and William J. Lafferty III
Tag(s):

In re GenOn Mid-Atlantic Development, L.L.C.

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 2 years 5 months ago
Citation:
21-20557 (5th Circuit, Jul 29,2022) Published
Case Status:
Affirmed
Ruling:
Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...
Judge(s):
Smith, Wiener, and Southwick
Tag(s):

In re: ANDREA GROVES

Citation:
22-1002 (9th Circuit, Jul 13,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the declaratory judgment of the U.S. Bankruptcy Court for the District of Arizona (BC), issued at the conclusion of a two-day...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Laura S. Taylor
Tag(s):

In re - HARLAN PAGE CONFER, III and CHARLOTTE CLUFF CONFER

Citation:
BAP No. EC-21-1140-TBG (9th Circuit, Mar 10,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
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...
Judge(s):
TAYLOR, BRAND, and GAN, Bankruptcy Judges
Tag(s):

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