Legal Opinion
In Re Penn Traffic Co.
United States Bankruptcy Court, S.D. New York
Decided March 11, 2005No. 19-10744PublishedCited by 6 opinions
1Opinion of the Court
DECISION DENYING MOTION TO REJECT PROJECT AGREEMENT
ADLAI S. HARDIN, JR., Bankruptcy Judge.
Before me is a motion under Section 365(a) of the Bankruptcy Code, 11 U.S.C. § 365(a), to reject a Project Agreement dated May 1, 2001, amended by Modification Number 1 dated November 12, 2001 between debtor The Penn Traffic Company Inc. (“debtor” or “Penn Traffic”) and COR Route 5 Company, LLC (“COR”) (as modified, the “Project Agreement”). Because the Project Agreement has been fully performed by COR, except as prevented by the debtor, it is not an executory contract within the meaning of Section…
2Cases cited61 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
- Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
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3Cited by6 opinions
- COR Route 5 Co. v. Penn Traffic Co.Court of Appeals for the Second Circuit · 2008
- Cor Route 5 Co., LLC v. Penn Traffic Co.Court of Appeals for the Second Circuit · 2006
- Baerg Real Prop. Trust v. Garland Solution, LLC (In re Baerg Real Prop. Trust)United States Bankruptcy Court, N.D. Texas · 2018
- Kaye v. A.R.E. Distribution & Alpine Records, LLC (In Re Value Music Concepts, Inc.)United States Bankruptcy Court, N.D. Georgia · 2005
- O'BRIEN v. 1st Source BankIndiana Court of Appeals · 2007
1 more not listed; retrieve them via the Exa API.