Schlotzsky’s, Ltd. v. Sterling Purchasing & Nat’l Distrib. Co., Inc., No. 06-50720A judgment in favor of restaurant franchisor on claims against food distributor under Lanham Act is affirmed over the distributor’s claims that: 1) the Lanham Act was inapplicable; 2) an award of attorney’s fees and an injunction should be overturned; and 3) its counterclaims should be reinstated.
Construing a gap in the most recent amendment to the Code against the creditor, a bankruptcy court holds that the surrender of a vehicle should wipe out the underlying debt entirely (though greater than the value of the car). Bankruptcy court is reversed and remanded and the higher court holds that the gap in the Code should be construed in a manner consistent with prior judicial decisions and statutory law (which favored the creditor).