Legal Opinion

Moe's Franchisor, LLC v. Taylor Investment Partners II, LLC (In re Taylor Investment Partners II, LLC)

United States Bankruptcy Court, N.D. Georgia

Decided June 30, 2015No. CASE NO. 15-51333-MHM Jointly AdministeredPublishedCited by 1 opinion

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

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. United States v. KaleyCourt of Appeals for the Eleventh Circuit · 2009
  3. 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
  4. In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
  5. 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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3Cited by1 opinion

  1. CCT Communications, Inc. v. Zone Telecom, Inc.Supreme Court of Connecticut · 2017

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