Supreme Court of the United States

N.c.p. Marketing Group, Inc. v. Bg Star Productions, Inc.

October 6, 2008129 S. Ct. 1577

Summary

Justice Kennedy, joined by Justice Breyer, respects the denial of certiorari in this bankruptcy case. They express concern over the circuit split regarding the interpretation of § 365(c)(1) concerning assumption of executory contracts but agree to deny certiorari here because resolving the issue would require addressing antecedent state law and trademark questions.