Legal Opinion
In Re Teligent, Inc.
United States Bankruptcy Court, S.D. New York
Decided October 29, 2001No. 18-23830PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM DECISION REGARDING THE ASSUMPTION AND/OR REJECTION OF THE PARTIES’ MERGER AGREEMENT
STUART M. BERNSTEIN, Chief Judge.
Section 365(c)(2) of the Bankruptcy Code prohibits a trustee from assuming an executory contract “to issue a security of the debtor.” Graham G. Sampson (“Graham”), his wife Linda Sampson (“Linda”), the Sampson Family 2000 Trust (the “Sampson Trust”), Michael P. Nazaruk (“Michael”), his wife Karin Nazaruk (“Karin”) and the Nazaruk Family 2000 Trust (the “Nazaruk Trust”)(collectively, the “Movants”), contend that § 365(c)(2) prevents the debtor, Teligent, Inc.…
2Cases cited25 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Kelly v. RobinsonSupreme Court of the United States · 1986
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
20 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re SandersUnited States Bankruptcy Court, W.D. Texas · 2007
- In Re Ames Department Stores, Inc.United States Bankruptcy Court, S.D. New York · 2004
- In re Gawker Media LLCUnited States Bankruptcy Court, S.D. New York · 2017
- Philip Services Corp. v. Luntz (In Re Philip Services (Delaware) Inc.)United States Bankruptcy Court, D. Delaware · 2002
- In Re Enron Corp.United States Bankruptcy Court, S.D. New York · 2002
23 more not listed; retrieve them via the Exa API.