Legal Opinion
In Re Footstar, Inc.
United States Bankruptcy Court, S.D. New York
Decided February 16, 2005No. 19-22206PublishedCited by 10 opinions
1Opinion of the Court
DECISION ON MOTION TO ASSUME EXECUTORY CONTRACTS
ADLAI S. HARDIN, JR., Bankruptcy Judge.
Before the Court is the debtors’ motion to assume their executory contracts with Kmart Corporation (“Kmart”) pursuant to Section 365(a) of the Bankruptcy Code, 11 U.S.C. § 365(a). Kmart has opposed the motion, asserting that assumption is barred (i) as a matter of law under Section 365(c)(1), (ii) by the debtors’ breaches of contract and (iii) because the debtors cannot provide adequate assurance of future performance. In addition, Kmart has cross-moved for relief from the automatic stay so that it may…
2Cases cited36 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- Mediators, Inc. v. Manney (In re Mediators, Inc.)Court of Appeals for the Second Circuit · 1997
- 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
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3Cited by10 opinions
- In Re Adelphia Communications Corp.United States Bankruptcy Court, S.D. New York · 2007
- In re Waterworks, Inc.United States Bankruptcy Court, N.D. Illinois · 2015
- In Re TaubUnited States Bankruptcy Court, E.D. New York · 2010
- In Re Aerobox Composite Structures, LLCUnited States Bankruptcy Court, D. New Mexico · 2007
- In Re BresnickUnited States Bankruptcy Court, E.D. New York · 2009
5 more not listed; retrieve them via the Exa API.