Lewis Brothers Bakeries v. Interstate Brands Corp., No. 11-1850 (8th Cir. 2012)
Annotate this CaseInterstate Bakeries granted licenses to some of its trademarks to Lewis Brothers in certain Illinois territories. Interstate Bakeries subsequently filed for Chapter 11 bankruptcy, and later contended that its licensing agreement with Lewis Brothers was an executory contract, subject to assumption or rejection under 11 U.S.C. 365. The bankruptcy court agreed and concluded that the agreement was an executory contract. The court affirmed the district court's conclusion that the agreement constituted an executory contract because a material obligation remained.
Court Description: Civil case - Bankruptcy. Bankruptcy Court did not err in finding that debtor IBC's licensing agreement with Lewis Brothers was an executory contract, subject to assumption or rejection under 11 U.S.C. Sec. 365. Judge Colloton, dissenting.
The court issued a subsequent related opinion or order on June 6, 2014.
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