29 Cited authorities

In re Stoltz
315 F.3d 80 (2d Cir. 2002) Cited 106 times
Holding that a public housing lease is an "other similar grant" even though the private sector provides housing leases since it is "obtainable only from governmental entities" and available only to an individual who "cannot afford housing at prevailing market rates"
U.S. v. Kinard
472 F.3d 1294 (11th Cir. 2006) Cited 68 times
In United States v. Kinard, 472 F.3d 1294, 1296-98 (11th Cir. 2006), defendant maintained the toxic-emission enhancement was improper because the Government failed to present any evidence that defendant "unlawfully" released anhydrous ammonia.
In re Ward
837 F.2d 124 (3d Cir. 1988) Cited 108 times
Discussing Appellants request to for an order vacating the automatic "stay and confirming the sheriff sale," which had taken place in violation of the automatic stay
Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC
686 F.3d 372 (7th Cir. 2012) Cited 38 times 89 Legal Analyses
Rejecting the analysis of Lubrizol and noting that a breach by the debtor does not necessarily extinguish the non-debtor's right to use the mark
Dieckhaus Stationers of King of Prussia
73 B.R. 969 (Bankr. E.D. Pa. 1987) Cited 58 times
Finding that given the Bankruptcy Code protections afforded lessors "it is inappropriate to judicially fashion any additional remedies"
Major League Baseball v. Colour-Tex
729 F. Supp. 1035 (D.N.J. 1990) Cited 52 times
In Colour-Tex, the defendant not only knew "nothing about" the subcontract alleged to be interfered with, the defendant also had no reason to know about the subcontract because the contract at issue expressly forbid subcontracts without the licensor's written approval, which approval was not sought.
In re Thompson-Mendez
321 B.R. 814 (Bankr. D. Md. 2005) Cited 15 times
Concluding that rejection under the Bankruptcy Code does not divest the rejecting party's rights under the terms of the contract and applicable state law
Matter of Spencer
115 B.R. 471 (D. Del. 1990) Cited 29 times
Holding that § 362(d) "cause" may exist to lift stay if debtor's interest in property is purely legal
In re Biggs
271 F. App'x 286 (3d Cir. 2008) Cited 7 times
Relying only on In re Stolz for this proposition
In re Diomed Inc.
394 B.R. 260 (Bankr. D. Mass. 2008) Cited 6 times
Holding that once rejection occurred, the debtor's right to the continued use of the exclusive patent license ended
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,341 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 157 - Procedures
28 U.S.C. § 157 Cited 51,423 times 78 Legal Analyses
Determining the validity, extent, or priority of liens
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,380 times 73 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Section 365 - Executory contracts and unexpired leases
11 U.S.C. § 365 Cited 5,700 times 204 Legal Analyses
Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval
Section 1408 - Venue of cases under title 11
28 U.S.C. § 1408 Cited 4,066 times 15 Legal Analyses
Providing that venue is proper where the principal assets of the entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement
Section 1112 - Conversion or dismissal
11 U.S.C. § 1112 Cited 2,687 times 40 Legal Analyses
Providing that upon a showing of "cause" the bankruptcy court "shall convert a case under [chapter 11] to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate"
Section 554 - Abandonment of property of the estate
11 U.S.C. § 554 Cited 2,639 times 6 Legal Analyses
Providing that property that isn't administered and is not abandoned remains the property of the estate
Rule 1017 - Dismissal or Conversion of Case; Suspension
Fed. R. Bankr. P. 1017 Cited 362 times
Providing that voluntary dismissals under section 1307(b) "shall be on motion filed and served" in accordance with Rule 9013, governing the filing of motions or "request for an order."

Fraunhofer-Gesellschaft Zur Forderung Der Angewandten Forschung E.V. v. Sirius XM Radio Inc.

29 Cited authorities

Holding that a public housing lease is an "other similar grant" even though the private sector provides housing leases since it is "obtainable only from governmental entities" and available only to an individual who "cannot afford housing at prevailing market rates"

In United States v. Kinard, 472 F.3d 1294, 1296-98 (11th Cir. 2006), defendant maintained the toxic-emission enhancement was improper because the Government failed to present any evidence that defendant "unlawfully" released anhydrous ammonia.

Discussing Appellants request to for an order vacating the automatic "stay and confirming the sheriff sale," which had taken place in violation of the automatic stay

Rejecting the analysis of Lubrizol and noting that a breach by the debtor does not necessarily extinguish the non-debtor's right to use the mark

Finding that given the Bankruptcy Code protections afforded lessors "it is inappropriate to judicially fashion any additional remedies"

Concluding that rejection under the Bankruptcy Code does not divest the rejecting party's rights under the terms of the contract and applicable state law

Holding that § 362(d) "cause" may exist to lift stay if debtor's interest in property is purely legal

Relying only on In re Stolz for this proposition

Holding that once rejection occurred, the debtor's right to the continued use of the exclusive patent license ended

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Determining the validity, extent, or priority of liens

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval

Providing that venue is proper where the principal assets of the entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement

Providing that upon a showing of "cause" the bankruptcy court "shall convert a case under [chapter 11] to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate"

Providing that property that isn't administered and is not abandoned remains the property of the estate

Providing that voluntary dismissals under section 1307(b) "shall be on motion filed and served" in accordance with Rule 9013, governing the filing of motions or "request for an order."