In re Szenda

4 Citing cases

  1. In re Fpsda I, LLC

    450 B.R. 392 (Bankr. E.D.N.Y. 2011)

    Each Dunkin' Brands Lease and franchise agreement are "economically interrelated and interdependent". In re Szenda, 406 B.R. 574, 580 (Bankr. D. Mass. 2009). Dunkin' Brands would not have entered into a lease with the debtor unless the debtor also entered into the franchise agreement. The only permitted use for the leased premises is to operate a Dunkin' Donuts and/or Baskin-Robbins franchise and in some cases also a Togo's Eatery. If a debtor defaults under a Dunkin' Brands Lease, then Dunkin' Brands have the right to terminate the corresponding franchise agreement for such leased premises.

  2. In re FPSDA I, LLC

    450 B.R. 392 (Bankr. E.D.N.Y. 2011)

    Each Dunkin' Brands Lease and franchise agreement are “economically interrelated and interdependent”. In re Szenda, 406 B.R. 574, 580 (Bankr.D.Mass.2009). Dunkin' Brands would not have entered into a lease with the debtor unless the debtor also entered into the franchise agreement.

  3. Dunkin' Donuts Franchising LLC v. CDDC Acquisition Co. (In re FPSDA I, LLC)

    470 B.R. 257 (E.D.N.Y. 2012)   Cited 1 times
    Discussing two ways to characterize these arrangements, but concluding that the choice of characterization doesn't affect whether § 365(d)'s time limit applies

    Courts have held that where a nonresidential real property lease is part of an integrated arrangement consisting of another executory agreement, such as a franchise agreement, a debtor cannot assume the lease obligation without also curing the defaults under the related executory agreement. See In re Szenda, 406 B.R. 574, 582 (Bankr.D.Mass.2009) (finding that the debtor's motion to assume a lease agreement must be denied unless the debtor seeks approval for the assumption of the Subway franchise agreement relating to the leased premises either by motion or a plan); In re T&H Diner, Inc., 108 B.R. 448, 454 (Bankr.D.N.J.1989) (finding the sale of a diner and the lease for the premises upon which the diner operated to be one indivisible transaction and that the debtor's failure to make note payments constituted a default under the lease that would preclude assumption of the lease); In re East Hampton Sand & Gravel Co., Inc., 25 B.R. 193, 199 (Bankr.E.D.N.Y.1982) (finding that the “lease is part and parcel of one unified transaction whereby the creditor sold its concrete manufacturing business to the debtor” and that in balancing the equities any assumption of the lease would require the debtor to make payments under the note relating to the purchase of the business). Pursuant to 11 U.S.C. § 365(d)(2), a debtor has until confirm

  4. In re Cumberland Corral, LLC

    CASE NO. 313-06325 (Bankr. M.D. Tenn. Mar. 11, 2014)   Cited 2 times   1 Legal Analyses

    In re UAL Corp., 346 B.R. at 468-69. In In re Szenda, 406 B.R. 574 (Bankr. D. Mass. 2009), the court concluded that a cross-default clause linking two franchise agreements was unenforceable where the agreements were not economically interdependent. Id. at 581.