In Re Ortiz
Top Rank, Inc. v. Ortiz (In Re Ortiz)
Opinion
Opinion
Morrow, J.
ORDER REVERSING DECISION OF THE BANKRUPTCY COURT
Top Rank, Inc. appeals an order of the bankruptcy court granting Victor M. Ortiz’s motion for summary judgment on its claims for declaratory and injunctive relief. The order was entered on August 18, 2008, and Top Rank timely appealed.
I. FACTUAL AND PROCEDURAL BACKGROUND
Ortiz is a professional boxer; Top Rank is a boxing promoter. In 2005, Ortiz and Top Rank entered into a five-year promotional agreement, pursuant to which Ortiz agreed to fight annually in a minimum number of bouts promoted by Top Rank and Top Rank agreed to pay Ortiz a guaranteed minimum purse per bout. The agreement contained an exclusivity provision, requiring that Ortiz fight only in televised bouts promoted by Top Rank. The contract prohibited Ortiz from fighting in bouts for another promoter for ninety days before or after a televised appearance promoted by Top Rank.
On January 2, 2008, Ortiz filed a voluntary Chapter 7 bankruptcy petition. On April 21, 2008, he filed an adversary action against Top Rank, seeking declaratory relief, a permanent injunction, and attorneys’ fees and costs. Ortiz argued that the promotional agreement was rejected by…