United States Sixth Circuit

In a breach of contract action arising from a bankruptcy court approved sale of the assets and assumption of the executory contracts of a bankrupt company, summary judgment for defendant is affirmed as: 1) plaintiff failed to make its claim for commissions required by a contract with the debtor in the bankruptcy court, and thus its claim was barred unless the obligation was expressly assumed by defendant; and 2) defendant did not expressly assume the debtor's obligation to pay commissions to plaintiff.

Appellate Information

• Decided 09/27/2007
• Published 09/27/2007

Judges

• Before:  MARTIN and McKEAGUE, Circuit Judges;  GREER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen L. Fink, Barnes & Thornburg, Fort Wayne, Indiana, for Appellant.  Donald M. Snemis, Ice Miller LLP, Indianapolis, Indiana, for Appellee.   ON BRIEF:  Stephen L. Fink, Barnes & Thornburg, Fort Wayne, Indiana, for Appellant.  Donald M. Snemis, Ice Miller LLP, Indianapolis, Indiana, for Appellee.