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MATTER OF THORNHILL BROS. FITNESS, L.L.C.

No. 22-30757.

85 F.4th 321 (2023)

In the MATTER OF THORNHILL BROTHERS FITNESS, L.L.C., Debtor, Anytime Fitness, L.L.C., Appellant, v. Thornhill Brothers Fitness, L.L.C.; William Flynn; Billie Flynn, Appellees.

United States Court of Appeals, Fifth Circuit.

FILED October 27, 2023.

Attorney(s) appearing for the Case

David Felicien Waguespack, Esq. (argued), Conor Thomas Lutkewitte , Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, L.L.C., New Orleans, LA, for Appellant.

Bradley Loy Drell (argued), Conner L. Dillon , Heather M. Mathews, Esq. , Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Appellee Thornhill Brothers Fitness, L.L.C.

Patrick S. Garrity , Derbes Law Firm, L.L.C., Metairie, LA, for Appellees William Flynn, Billie Flynn.

Before Richman, Chief Judge, and Southwick and Oldham, Circuit Judges.

The question presented is whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court's approval of a debtor's partial assignment of an executory contract. It does not. We reverse the bankruptcy court's contrary order and remand for further proceedings consistent with this opinion.

I.

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