Moe's Franchisor, LLC v. Taylor Investment Partners II, LLC (In re Taylor Investment Partners II, LLC)
United States Bankruptcy Court, N.D. Georgia
1Opinion of the Court
CONTESTED MATTER
ORDER ON STAY RELIEF
MARGARET H. MURPHY, UNITED STATES BANKRUPTCY JUDGE
This case is before the Court on Movant’s Motion for Relief from Stay, filed February 23, 2015 (Doc. No. 44) (“Motion”). Movant asserts Debtors are legally barred from assuming their franchise agreements with Movant without Movant’s consent, and Movant withholds such consent; therefore, Movant seeks relief from the automatic stay of 11 U.S.C. § 362 to terminate the franchise agreements. Hearing was held April 8, 2015, at which counsel for Debtors and counsel for Mov-ant appeared and argued. For the reasons…
2Cases cited17 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- United States v. KaleyCourt of Appeals for the Eleventh Circuit · 2009
- In the Matter of West Electronics Inc. Appeal of United States of America, by the United States Air ForceCourt of Appeals for the Third Circuit · 1988
- In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
- Summit Investment and Development Corporation v. Edward G. Leroux, Jr., Summit Investment and Development Corporation v. Albert F. Curran, Sr.Court of Appeals for the First Circuit · 1995
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