John Cinicola v. William J. Scharffenberger, Chapter 11 Trustee, Et Al.

How courts have described this case

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

• holding sale of a franchise agreement triggered protections of 11 U.S.C. § 365
• describing the “flexible character of the Article III mootness doctrine” (quoting United States Parole Comm’n v. Geraghty, 445 U.S. 388, 400 (1980))
• describing the “flexible character of the Article III mootness doctrine” (quoting United States Parole Comm’n v. Geraghty, 445 U.S. 388, 400, 100 S.Ct. 1202, 63 L.Ed.2d 479 (1980))
• “[W]e have rejected a per se rule ‘mooting appeals absent a stay of the sale . . . at issue.’”
• \[T]he sale of an executory contract triggers the protections afforded sales of bankruptcy estate property but also requires satisfaction of the requirements for assuming and/or assigning the same executory contract.\
• purchaser bought substantially all assets from debtor, including executory employment contracts

Source: CourtListener parenthetical corpus (CC0).