Donald Ray Kennedy Shirley Jean Kennedy v. Medicap Pharmacies, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[t]he right to equitable relief constitutes a [bankruptcy] claim only if it is an alternative to a right to payment or if compliance with the equitable order will itself require the payment of money.”
• collecting cases finding that such claims are and are not dischargeable, but siding with the latter position
• “It can only obtain equitable relief if money damages for future injuries are inadequate. Therefore, under Iowa law, eq uitable relief is not an alternative to a right to payment for future injuries.”
• “Damages for contempt of an injunction, however, arise from a separate post- petition breach of performance, i.e., breach of the injunction, not the pre-petition breach of the covenant not to compete. It would not, therefore, be a claim discharged in the bankruptcy. . . .”

Source: CourtListener parenthetical corpus (CC0).