United States Sixth Circuit

Under 11 USC 101(5), a right to an equitable remedy for breach of performance is a "claim" only if the same breach also gives rise to a right to a payment "with respect to" the equitable remedy, otherwise it is not subject to discharge in bankruptcy.

Appellate Information

• Decided 10/02/2001
• Published 10/02/2001

Judges

• Before GUY and MOORE, Circuit Judges;  HULL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David E. Arvin (briefed and argued), Hopkinsville, Kentucky, for Appellants.


• For Appellees:
  
• Michael A. Fiorella, Sullivan, Mountjoy, Stainback & Miller, Owensboro, Kentucky, Alan M. Anderson (briefed and argued), C. Erik Hawes (briefed), Larkin, Hoffman, Daly & Lindgren, Bloomington, MN, for Appellee.