Tag Archives: executory contracts

Liquor License Sale Financing: Can a Creative Structure Save the Day?

Posted on October 16, 2019 by BankruptcyRealEstateInsights

Mitsuwa Corp. v Orama Hospitality Group, Ltd. (In re Orama Hospitality Group, Ltd.), 601 B.R. 340 (Bankr. D. N.J. 2019) –

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Plan Discharge and Injunction Provisions: Creditors Beware

Posted on April 5, 2017 by BankruptcyRealEstateInsights

In re Orleans Homebuilders, Inc., 561 B.R. 46 (Bankr. D. Del. 2016) – A reorganized debtor brought a motion in bankruptcy court to enforce a chapter 11 plan of reorganization injunction: It sought a court order directing a residential condominium … Continue reading →

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Good Faith Deposit: Who Gets To Keep the Cash?

Posted on July 15, 2015 by BankruptcyRealEstateInsights

Lawrence v. Commonwealth of Ky. Transportation Cabinet (In re Shelbyville Road Shoppes, LLC), 775 F.3d 789 (6th Cir. 2015) – A chapter 7 trustee sought return of a “good faith” deposit made prior to bankruptcy in connection with a proposed purchase of … Continue reading →

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Bankruptcy Sales: It Is A Good Idea To Confirm You Are Acquiring Everything You Need Before You Close

Posted on December 5, 2014 by BankruptcyRealEstateInsights

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp. (In re Nevel Properties Corp.), 765 F.3d 846 (8th Cir. 2014) – The purchaser of assets from one bankruptcy debtor objected to the plan of reorganization filed by a related bankruptcy … Continue reading →

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Rejecting Related Contracts: When Can You Pick and Choose?

Posted on October 28, 2014 by BankruptcyRealEstateInsights

In re Trinity Coal Corp., 514 B.R. 526 (Bankr. E.D. Ky. 2014) – The debtors sought to reject easement and disposal agreements with the owners of adjacent coal mines. The adjacent owners objected on the basis that the agreements were … Continue reading →

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Stay Pending Appeal: Some Days A Stay Is Easier to Obtain Than Others

Posted on June 20, 2014 by BankruptcyRealEstateInsights

A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (7th Cir. 2014) – Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed.  Both the bankruptcy court and district court denied … Continue reading →

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