- 11 U.S.C.
Mechanical & Elec. Concepts Inc. v. CalTex Holdings LP (In re CalTex Holdings LP)
Mar
22
2010
Ruling
Creditor held unsecured claim for breach of contract that was materially unperformed by debtor.
Procedural posture
Plaintiff creditor filed an adversary complaint asserting essentially the same claims it had in a state court proceeding, that it had a right to specific performance or damages in the amount of $ 117,650, as a result of the debtor's taking its funds and failing to produce the vast majority of the cabinets the creditor had agreed to purchase. The trustee for defendant debtor, and the creditor each moved for partial summary judgment.
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Court
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