Legal Opinion
In re Scharp
United States Bankruptcy Court, C.D. Illinois
Decided November 28, 2011No. 11-82359PublishedCited by 6 opinions
1Opinion of the Court
AMENDED OPINION
THOMAS L. PERKINS, Chief Judge.
This case involves a dispute between the Debtor, Gary W. Scharp (DEBTOR), and *126Merlin Corporation (MERLIN), over the interpretation and effect of 11 U.S.C. § 365(h)(1). As explained below, both parties attribute more significance to this provision than it deserves, as it has little to do with the ultimate resolution of their dispute.
FACTUAL AND PROCEDURAL BACKGROUND
In 1999 and 2000, the DEBTOR negotiated with MERLIN to obtain a franchise to operate a Merlin’s Muffler & Brake Shop. MERLIN granted him a franchise for two locations, one in Peoria and…
2Cases cited26 opinions
- Gallagher v. LenartIllinois Supreme Court · 2007
- Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
- Mullarkey v. TamboerCourt of Appeals for the Third Circuit · 2008
- Bankr. L. Rep. P 73,583, 12 Ucc rep.serv.2d 549 in the Matter of Vitreous Steel Products Company, Debtor. Appeal of Lynn M. Miller, Trustee and Northern Indiana Public Service CompanyCourt of Appeals for the Seventh Circuit · 1990
- Abboud v. Ground Round, Inc. (In Re Ground Round, Inc.)Court of Appeals for the First Circuit · 2007
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3Cited by6 opinions
- RPD Holdings, L.L.C. v. Tech Pharmacy Servs. (In Re Provider Meds, L.L.C.)Court of Appeals for the Fifth Circuit · 2018
- Dishi & Sons v. Bay Condos LLCDistrict Court, S.D. New York · 2014
- In re Scimeca Foundation, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2013
- In re SjoquistUnited States Bankruptcy Court, C.D. California · 2012
- Calvin Alexander Grant v. Citibank, N.A.United States Bankruptcy Court, N.D. Illinois · 2026
1 more not listed; retrieve them via the Exa API.