Legal Opinion
In Re Fleming Companies, Inc.
Court of Appeals for the Third Circuit
Decided August 22, 2007No. 05-2365PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
CHAGARES, Circuit Judge.
This appeal arises out of a bankruptcy involving grocery wholesalers and retailers in the Oklahoma marketplace. The Bankruptcy Court denied a motion for assumption and assignment of an executory contract in favor of Albertson’s, Inc. (Al-bertson’s), the nondebtor contracting party. The Bankruptcy Court determined that the proposed assignee, appellants AWG Acquisition LLC and Associated Wholesale Grocers, Inc., (collectively, AWG), could not provide adequate assurance of future performance of the contract because an essential term of the contract…
2Cases cited14 opinions
- Medtronic Ave, Inc. v. Advanced Cardiovascular Systems, Inc.Court of Appeals for the Third Circuit · 2001
- In Re Joshua Slocum Ltd D/B/A Js Acquisition Corporation. Appeal of George Denney, Party in InterestCourt of Appeals for the Third Circuit · 1991
- In Re: Lan Associates Xi, L.P. Patricia A. Staiano, United States Trustee v. James J. Cain, Trustee for Lan Associates Xi, L.P.Court of Appeals for the Third Circuit · 1999
- In Re Italian Cook Oil Corp.Court of Appeals for the Third Circuit · 1951
- John Cinicola v. William J. Scharffenberger, Chapter 11 Trustee, Et Al.Court of Appeals for the Third Circuit · 2001
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Farrakhan v. GregoireCourt of Appeals for the Ninth Circuit · 2010
- DB Structured Products, Inc. v. American Home Mortgage Holdings, Inc. (In Re American Home Mortgage Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2009
- In Re Buffets Holdings, Inc.United States Bankruptcy Court, D. Delaware · 2008
- Ashland Inc. v. G-I Holdings Inc. (In re G-I Holdings, Inc.)United States Bankruptcy Court, D. New Jersey · 2016
- Huron Consulting Services, LLC v. Physiotherapy Holdings, Inc. (In re Physiotherapy Holdings, Inc.)District Court, D. Delaware · 2015
11 more not listed; retrieve them via the Exa API.