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· 8/22/2007

In Re Fleming Companies, Inc.

Citations

  • 499 F.3d 300
  • 2007 U.S. App. LEXIS 19927
  • 48 Bankr. Ct. Dec. (CRR) 188
  • 2007 WL 2390776

How courts have described this case

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

  • holding that debtor could not assume and assign store lease because an essential term of it required service from a warehouse whose lease had already been rejected
  • noting that the Bankruptcy Code invalidates contract provisions that are so restrictive as to be de facto anti-assignment clauses
  • affirming the denial of an assignment under § 365 when the proposed assignee could not perform “a material and economically significant term”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Chagares, Buckwalter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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