Legal Opinion

In the Matter Of: United Airlines, Incorporated, Debtor. Appeal Of: National Processing Company, Llc, and National City Bank of Kentucky

Court of Appeals for the Seventh Circuit

Decided May 11, 2004No. 03-4339PublishedCited by 12 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Debtors in bankruptcy may enforce most executory contracts that predate their petitions. The Bankruptcy Code has some exceptions, however. Section 365(c)(2) (11 U.S.C. § 365(c)(2)) is one: a debtor may not assume “a contract to make a loan, or extend other debt financing or financial accommodations, to or for the benefit of the debtor, or to issue a security of the debtor”. National Processing contends that a credit card merchant agreement is a “financial accommodation” that cannot be assumed in bankruptcy. Bankruptcy Judge Wedoff rejected this position. 293 B.R.…

2Cases cited2 opinions

  1. In the Matters of Thomas E. Crippin, Jr., Steven Bruce and Paula Bruce, Debtors. Appeals of Pie Nationwide, Inc., F/k/a Ryder/pie Nationwide, IncCourt of Appeals for the Seventh Circuit · 1989
  2. In Re UAL Corp.United States Bankruptcy Court, N.D. Illinois · 2003

3Cited by12 opinions

  1. Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.)United States Bankruptcy Court, D. Delaware · 2011
  2. Velo Holdings Inc. v. Paymentech, LLC (In re Velo Holdings Inc.)United States Bankruptcy Court, S.D. New York · 2012
  3. In Re Footstar, Inc.United States Bankruptcy Court, S.D. New York · 2005
  4. In Re UAL Corp.Court of Appeals for the Seventh Circuit · 2011
  5. Federal Trade Commission v. Cleverlink Trading Ltd.District Court, N.D. Illinois · 2007

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