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§ 365(d)(1)

Munoz, In re

Dec
04
2019
Ruling
Debtors' could not assume their buyers' interest in a real estate contract that they did notdisclose in their prior bankruptcy case. (Bankr. D.N.M.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Cases

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 04, 2019 , LexisNexis #0120-033
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Bell, In re--Bell v. Herrera

Feb
07
2019
Ruling
Court held that the agreement in question was not an executory contract as it was neverscheduled as an executory contract, and the Chapter 7 Trustee never assumed or rejected it.(Bankr. M.D. Pa.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Cases

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Consumer opinion summary, case decided on February 07, 2019 , LexisNexis #0319-061
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In re Pure Performance Golf, LLC

Sep
29
2017
Ruling
Rejection of an executory contract did not constitute a termination of the contract but wasmerely a breach by the debtor occurring immediately prior to the petition date. (Bankr. M.D.Fla.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Cases Under Chapter 7.

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Commercial opinion summary, case decided on September 29, 2017 , LexisNexis #1117-006
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In re Howell Mt. Partners L.P.

Mar
16
2016
Ruling
Assumption of executory lease conditionally granted.
Issue(s)
Could debtor in possession, a grape grower and wine maker, assume an executor lease of agricultural land?

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Commercial opinion summary, case decided on March 16, 2016 , LexisNexis #0416-044
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In re Prentice

May
17
2012
Ruling
Relief from stay granted to allow debtor's former employer to enforce non-compete clause.
Procedural posture

Debtor's former employer sought relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) for the limited purpose of proceeding to the state courts to enforce a non-compete clause and/or to otherwise redress the alleged breaches thereof.

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Consumer opinion summary, case decided on May 17, 2012 , LexisNexis #0612-011
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In re Lowe

Mar
04
2010
Ruling
Executory contract could not be enforced as it was deemed rejected.
Procedural posture

Before the court was a movant's request to enforce an executory contract relating to a real property. No response or opposition to the requested relief was filed by debtors, debtors' counsel, or the chapter 7 Trustee.

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Consumer opinion summary, case decided on March 04, 2010 , LexisNexis #0510-115
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In re Wait

Dec
30
2008
Ruling
Mortgage is not an executory contract and need not be assumed or rejected by trustee.
Procedural posture

The chapter 7 trustee objected to the debtor's claim of a homestead exemption under Iowa Code §§ 499A.18, 561.16, 561.19, and 561.20. The debtor moved for abandonment of property, asserting that the mortgage encumbering the property was an executory contract under 11 U.S.C.S. § 365(d)(1), because the trustee did not assume or reject it, it was deemed rejected.

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Consumer opinion summary, case decided on December 30, 2008 , LexisNexis #0209-006
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Hopkins v. Saratoga Holdings LLC (In re Colvin)

Dec
20
2007
Ruling
Trustee's failure to timely assume executory contract resulted in rejection and breach, precluding enforcement.
Procedural posture

Plaintiff chapter 7 trustee brought an adversary proceeding against defendants, two individuals who were parties to a contract that included debtor, seeking to enforce the contract.

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Consumer opinion summary, case decided on December 20, 2007 , LexisNexis #0208-022
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Blair 11D Condo LLC v. Rabin (In re Rabin)

Jan
22
2007
Ruling
Contract involving exempt property deemed rejected upon reconsideration as trustee did not assume or reject within 60 days of conversion to chapter 7.
Procedural posture

Plaintiff company filed an adversary proceeding complaint against defendant chapter 7 debtor, after he received a discharge and his case was closed, seeking to specifically enforce a prepetition real estate sales contract, in which the debtor had agreed to sell a condominium (condo) to the company. The debtor moved for a rehearing after the court entered a judgment granting the company's claim for specific performance of the contract.

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opinion summary, case decided on January 22, 2007 , LexisNexis #0307-094
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