In Re Antonelli (1992)
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· 49 citation events
across 13 courts.
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In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporatio… (2004)
As the court observed, however, the conflict between § 365(c)(1) and § 365(f)(1) is illusory, because “each subsection recognizes an ‘applicable law’ of markedly different scope.” Id.; accord In re James Cable, 27 F.3d at 537-38 ; In re Lil' Things, Inc., 220 B.R. 583, 590-91 (Bankr.N.D.Tex.1998); In re Antonelli, 148 B.R. 443, 448 (D.Md.1992), aff'd without op., 4 F.3d 984 (4th Cir.1993).
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In Re Catapult Entertainment, Inc., a California Corporation, AKA Storm Systems, Debtor. Stephen Perlman v. C… (1999)
The Sixth Circuit has credibly reconciled the warring provisions by noting that "each subsection recognizes an 'applicable law' of markedly different scope." In re Magness, 972 F.2d at 695 ; accord In re James Cable, 27 F.3d at 537-38 ; In re Lil' Things, Inc., 220 B.R. 583, 590-91 (Bankr.N.D.Tex.1998); In re Antonelli, 148 B.R. 443, 448 (D.Md.1992), aff'd without op., 4 F.3d 984 (4th Cir.1993).
The Sixth Circuit has credibly reconciled the warring provisions by noting that “each subsection recognizes an ‘applicable law5 of markedly different scope.” In re Magness, 972 F.2d at 695 ; accord In re James Cable, 27 F.3d at 537-38 ; In re Lil’ Things, Inc., 220 B.R. 583, 590-91 (Bankr.N.D.Tex.1998); In re Antonelli, 148 B.R. 443, 448 (D.Md.1992), aff'd without op., 4 F.3d 984 (4th Cir.1993).
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Trauner v. Thadikamalla (In re Thadikamalla) (2013)
In re Weiss, 111 F.3d 1159, 1167 (4th Cir.1997); In re Antonelli, 148 B.R. 443, 446 (D.Md.1992) (holding that a partnership interest constitutes property of the estate), aff'd, 4 F.3d 984 (4th Cir.1993); In re Signal Hill-Liberia Ave.
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Allentown Ambassadors, Inc. v. Northeast American Baseball, LLC (In Re Allentown Ambassadors, Inc.) (2007)
In re Antonelli, 148 B.R. 443, 447 (D.Md.1992). 55 .
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In Re Neuhoff Farms, Inc. (2000)
See In re TechDyn Systems Corp., 235 B.R. 857 , citing In re Catron, 158 B.R. 629 ; In re Antonelli, 148 B.R. 443, 448 (D.Md.1992); Perlman v. Catapult Entertainment, Inc. (In re Catapult Entertainment, Inc.), 165 F.3d 747, 750 (9th Cir.1999). 12 For the purposes of this order, the court will apply the hypothetical test in analyzing Hatfield’s contentions as to § 365(c)(1), though the actual test would produce the same result. 13 As stated in the most recent court of appeals…
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In Re Lil' Things, Inc. (1998)
In re Antonelli, 148 B.R. 443, 448 (Bankr.D.Md.1992), aff' d, 4 F.3d 984 (4th Cir.1993). 30 .
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In Re DeLuca (1996)
In re Antonelli, 148 B.R. 443, 448 (D.Md.1992) (Motz, J.) (nondebtor party is excused from performance only "if the identity of the debtor is a material condition of the contract when considered in the context of the obligations which remain to be performed under the contract").
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Broyhill v. DeLUCA (In re DeLUCA) (1996)
In re Antonelli, 148 B.R. 443, 448 (D.Md.1992) (Motz, J.) (nondebtor party is excused from performance only “if the identity of the debtor is a material condition of the contract when considered in the context of the obligations which remain to be performed under the contract”).
In re Antonelli, 148 B.R. 443, 447 (D.Md.1992). 3 The Eleventh Circuit in In re James Cable, 27 F.3d 534 (11th Cir.1994) adopted an approach similar to that taken by the Magness court and which Worthington urges this Court to follow: In determining what constitutes applicable law within the meaning of § 365(c)(1), § 365(c) should not be read in a vacuum.
See also In re Antonelli, 148 B.R. 443, 446 (D.Md.1992) (holding that a partnership interest constitutes “property of the estate”), aff'd, 4 F.3d 984 (4th Cir.1993); In re Signal Hill-Liberia Ave.
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In Re C. Walter Weiss, D/B/A W & M Investment, D/B/A Weiss Development in Re Paulette H. Weiss, D/B/A Karmel … (1997)
See also In re Antonelli, 148 B.R. 443, 446 (D.Md.1992) (holding that a partnership interest constitutes "property of the estate"), aff'd, 4 F.3d 984 (4th Cir.1993); In re Signal Hill-Liberia Ave.
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In Re Schick (1999)
See id. at 448 .
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In Re DeLuca (1996)
See, In re Antonelli, 148 B.R. 443, 448 (D.Md.1992) (Motz, J.) (nondebtor party is excused from performance only "if the identity of the debtor is a material condition of the contract when considered in the context of the obligations which remain to be performed under the contract").
See, In re Antoneltt, 148 B.R. 443, 448 (D.Md.1992) (Motz, J.) (nondebtor party is excused from performance only “if the identity of the debtor is a material condition of the contract when considered in the context of the obligations which remain to be performed under the contract”).
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In Re Signal Hill-Liberia Avenue Ltd. Partnership (1995)
See In re Antonelli, 148 B.R. 443, 446 (D.Md.1992), aff'd, 4 F.3d 984 (4th Cir.1993); Magers v. Thomas (In re Vannoy), 176 B.R. 758, 770 (Bankr.M.D.N.C.1994).