Legal Opinion
BNY, CAPITAL FUNDING LLC v. US Airways, Inc.
District Court, E.D. Virginia
Decided July 7, 2006No. Civil Action 1:06-296PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM ORDER
LEE, District Judge.
THIS MATTER is before the Court on appeal from the United States Bankruptcy Court for the Eastern District of Virginia. This case concerns Appellant BNY, Capital Funding’s (“BNY”) objection to Appellee U.S. Airways retaining certain rights agreed to by BNY in a Letter of Intent (“LOI”) dated February 27, 2003. The issues before the court are: (1) whether the LOI is an executory contract and thus subject to the prohibition on assumption of contracts to extend financial accommodations under section 365(c)(2) of the United States Bankruptcy Code, (2) whether…
2Cases cited8 opinions
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- In Re Columbia Gas System Inc.Court of Appeals for the Third Circuit · 1995
- 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 by5 opinions
- In Re PlascenciaUnited States Bankruptcy Court, E.D. Virginia · 2006
- In re Roomstore, Inc.United States Bankruptcy Court, E.D. Virginia · 2012
- Smith v. PorterDistrict Court, E.D. Virginia · 2009
- Charles W. Hurt and Shirley L. Fisher, etc. v. Douglas E. CatonCourt of Appeals of Virginia · 2025
- Ryan Andrew Taylor and Bridget Ann TaylorUnited States Bankruptcy Court, W.D. Texas · 2025