Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

In re Trak Auto Corp.

United States Court of Appeals for the Fourth Circuit
367 F.3d 237 (2004)


In 2001, Trak Auto Corporation (Trak Auto), an automobile parts and accessories retailer, filed for chapter 11 bankruptcy. As part of its reorganization, Trak Auto sought bids to buy out Trak Auto’s lease with West Town Center LLC (West Town) for space at a Chicago shopping center. The lease included a restriction on permitted uses that limited Trak Auto’s business to the retail sale of automobile parts, accessories, and related items. A & E Stores, Inc. (A & E), the highest bidder, intended to operate a discount-clothing store in the space, in violation of the permitted uses provision of the lease. Trak Auto asked the bankruptcy court to authorize the lease assignment to A & E. West Town objected, claiming that the assignment would breach the lease’s permitted uses. The court authorized the assignment, ruling that the lease’s permitted use restrictions were anti-assignment provisions prohibited under § 365(f)(1) of the Bankruptcy Code. The district court affirmed the bankruptcy court, and West Town appealed.

Rule of Law


Holding and Reasoning (Michael, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial