Diamond Z Trailer, Inc. v. JZ L.L.C. (In re JZ L.L.C.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
We confront the puzzle of the status of an executory contract that was neither assumed nor rejected during a chapter 11 case in which there was a confirmed plan that did not involve transfers of property of the estate or creation of new entities. We conclude that the “ride through” doctrine developed under the former Bankruptcy Act retains vitality in chapter 11 cases when the debtor continues operating and does not change form.
After a chapter 11 case was closed, the reorganized debtor sued in state court to enforce a license that it had granted pre-petition…
2Cases cited25 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Kelly v. RobinsonSupreme Court of the United States · 1986
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- Louis Eugene Russell v. Tom Rolfs, SuperintendentCourt of Appeals for the Ninth Circuit · 1990
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3Cited by34 opinions
- Drummond v. Wiegand (In Re Wiegand)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Fursman v. Ulrich (In Re First Protection, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- CCT Communications, Inc. v. Zone Telecom, Inc.Supreme Court of Connecticut · 2017
- Hickman v. Hana (In Re Hickman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Freedom Medical, Inc. v. Janssens (In Re Janssens)United States Bankruptcy Court, D. Maryland · 2010
29 more not listed; retrieve them via the Exa API.