Newman Grill Systems, LLC v. Ducane Gas Grills, Inc. (In Re Ducane Gas Grills, Inc.)

How courts have described this case

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

• holding the decision to reject is correctly viewed as a “power to breach the executory contract or lease.”
• “If Ducane were deemed to have assumed the Newman Agreements, any subsequent breach of the Marketing Agreement ... would only result in a Chapter 11 administrative priority claim against Ducane.”
• “Although no adversary proceeding has been filed with respect to Debtor’s § 544 avoidance powers, it has been recognized that 11 U.S.C. § 544 can be asserted defensively, without the need to file an adversary proceeding.”

Source: CourtListener parenthetical corpus (CC0).