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IN RE HEADQUARTERS DODGE, INC.

No. 93-5013.

13 F.3d 674 (1993)

In re HEADQUARTERS DODGE, INC.; Headquarters Buick/Nissan, Inc.; Headquarters Jeep/Eagle, Inc., Debtors. Hugh M. LEONARD, as Chapter 11 Trustee; Warnock Automotive Groups, Inc., Appellants, v. GENERAL MOTORS CORPORATION.

United States Court of Appeals, Third Circuit.

Decided December 29, 1993.

As Amended January 3, 1994.

Attorney(s) appearing for the Case

Gerald H. Gline (Argued), Cole, Schotz, Bernstein, Meisel & Forman, Hackensack, NJ, for Hugh M. Leonard, Chapter 11 trustee.

Robert E. Nies, Thomas R. O'Brien (Argued), Wolff & Samson, Roseland, NJ, for Warnock Automotive Groups, Inc., Harlan L. Cohen, Martin F. Barbato, on the brief.

Michael S. Waters (Argued), Lois H. Goodman, Carpenter, Bennett & Morrissey, Newark, NJ, Carol Lesnek-Cooper, General Motors Corp., Detroit, MI, for General Motors Corp.

Marvin J. Brauth, Anita J. Maiorino, Wilentz, Goldman & Spitzer, Woodbridge, NJ, for amicus curiae, New Jersey Auto. Dealers Ass'n.

Before: SCIRICA, COWEN, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents several intricate issues pertaining to the application of the New Jersey Franchise Practices Act (FPA) and the Bankruptcy Code to an automobile dealer contract providing for a right of first refusal (RFR) in the franchisor in the event of the sale of the franchise or its principal assets by the franchisee who subsequently files a petition for bankruptcy. The bankruptcy court determined that...

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