Legal Opinion
In Re Cb Holding Corp.
United States Bankruptcy Court, D. Delaware
Decided April 27, 2011No. 19-10189PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
The matter before the Court requires a determination whether a provision in a lease which required the Debtors to first offer to sell a liquor license associated with the premises to the landlord is an executo-ry contract separate from the lease for which the landlord can require specific performance. For the reasons stated below, the Court concludes that the provision is not severable from the lease, is executo-ry, was rejected by the Debtors, and is not subject to specific performance.
I. FACTUAL BACKGROUND
CB Holding Corporation and its…
2Cases cited22 opinions
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
- Abboud v. Ground Round, Inc. (In Re Ground Round, Inc.)Court of Appeals for the First Circuit · 2007
- John Cinicola v. William J. Scharffenberger, Chapter 11 Trustee, Et Al.Court of Appeals for the Third Circuit · 2001
- Gulf Petroleum, S.A. v. Luis G. Collazo, Trustee in BankruptcyCourt of Appeals for the First Circuit · 1963
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3Cited by4 opinions
- In re Roomstore, Inc.United States Bankruptcy Court, E.D. Virginia · 2012
- In re RappaportUnited States Bankruptcy Court, D. New Jersey · 2014
- Mitsuwa Corp. v. Orama Hospitality Grp., Ltd. (In re Orama Hospitality Grp., Ltd.)United States Bankruptcy Court, D. New Jersey · 2019
- Rainsdon v. Duncan Limited PartnershipUnited States Bankruptcy Court, D. Idaho · 2023