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§ 365(i)

In re Hammons

Aug
30
2010
Ruling
Debtors could reject executory contract for debtor-financed sale of residential real estate as closing had been adjourned and buyers had not made any payments.
Procedural posture

In a chapter 13 bankruptcy case, debtors made a motion, pursuant to 11 U.S.C.S. § 365(i), to reject an executory contract concerning residential real property regarding the sale of a house to buyers.

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Consumer opinion summary, case decided on August 30, 2010 , LexisNexis #1010-081
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In re Hudson LLC

Jul
24
2006
Ruling
Court deemed that creditor did not qualify as a purchaser in possession but did hold lien for earnest money deposit.
Procedural posture

Following trial with evidence on the issue of whether the creditor was "in possession" of subject property under 11 U.S.C. § 365(i), the instant order was made and would be entered as Findings of Fact and Conclusions of Law. Trial was held pursuant to pretrial order, and the instant ruling applied as a dispositive ruling on the 11 U.S.C. § 365(i) issue unless the creditor sought to reopen it on motion and notice for good cause shown.

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opinion summary, case decided on July 24, 2006 , LexisNexis #0806-041
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