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Summarizing by Bradley Pearce

Home » Bankruptcy Process and Procedure » Executory Contracts/Leases

Carnero G&P v. SN EF Maverick

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 3 months 2 weeks ago
Citation:
No. 24-20207 (5th Circuit, Nov 13,2025) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court misconstrued its post-confirmation jurisdiction. Such jurisdiction exists only where disputes relate to a bankruptcy plan’s execution or implementation. The post-confirmation...
Judge(s):
King, Jones, and Oldham
Tag(s):

SVENHARD'S SWEDISH BAKERY V. BAKER

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 5 months 3 weeks ago
Citation:
No. 23-60045 (9th Circuit, Sep 12,2025) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals upheld the decisions of the Bankruptcy Appellate Panel and the bankruptcy court that the debtor could not assume a settlement agreement with a pension fund...
Judge(s):
Marsha S. Berzon, Michelle T. Friedland, and Salvador Mendoza, Jr.
Tag(s):

Lexon Insurance Company, Incorporated v Chevron U.S.A. Incorporated

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 6 months 2 weeks ago
Citation:
No. 24-20347 (5th Circuit, Aug 19,2025) Published
Case Status:
Affirmed
Ruling:
The circuit court dismissed Plaintiff’s claims, affirming the district court’s decision. 31 U.S.C. § 9309 allows a surety to sue other parties under a bond, but not any other party. State law...
Judge(s):
Southwick, Oldham, and Ramirez
Tag(s):

Tear Drop Cattle Company v. Devon Energy Production

  • Summarized by Jaden Banks , Nyemaster Goode, P.C.
  • 7 months 1 week ago
Citation:
24-8001 (10th Circuit, Jul 14,2025) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Tenth Circuit affirmed the United States District Court for the District of Wyoming dismissal of a landowner's breach of contract claim as moot after the assignee of...
Judge(s):
Matheson, Moritz and Federico
Tag(s):

Avianca Holdings S.A. v. Burnham Sterling & Co. LLC (In re Avianca Holdings S.A.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 3 weeks ago
Citation:
24-255-bk (2nd Circuit, Feb 03,2025) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit affirmed a bankruptcy court's order granting a motion to compel post-petition priority payment of $4.3M in brokers' fees under prepetition leases...
Judge(s):
WESLEY, LYNCH, and KAHN
Tag(s):

In re Cambrian Holding Co., Inc

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 1 year 7 months 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
  • 1 year 11 months 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
  • 2 years 6 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 , Law Offices of Craig M Geno, PLLC
  • 2 years 7 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):

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