Hertz Corp. v. ANC Rental Corp.

Type

Opinion of the Court

Author

Walter King Stapleton

Filed

Jan. 8, 2003

Case

Hertz Corp. v. ANC Rental Corp.

Case status

Decided

The first passage of the document, as extracted by the source provider.

OPINION STAPLETON, Circuit Judge. I. National Car Rental System (“National”) and Alamo Rent-A-Car (“Alamo”) are owned by ANC Rental Corp. (“ANC”). Despite common ownership, both National and Alamo operate separately — National catering to business travelers and Alamo catering to leisure travelers. On November 13, 2001, National, Alamo, and ANC (referred to collectively as “the Debtors”) filed a petition for bankruptcy under Chapter 11 in the United States Bankruptcy Court for the District of Delaware. Prior to filing for bankruptcy, National and Alamo operated separate concessions at airports throughout the country. Concessions are acquired through a public bidding process. The concession agreements are identical except for the compensation to be paid. The Debtors devised a plan, pursuant to the Chapter 11 reorganization, *913 to consolidate their operations at airports where both National and Alamo operated concessions. Under the reorganization, either National or Alamo would reject its concession agreement with the airport. The other debtor would assume its concession agreement with the airport under § 365 and then assign the agreement to ANC. ANC would then operate both the Nati…

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