§ 365(d)(1)

Munoz, In re

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.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 04,2019, LexisNexis #0120-033

Bell, In re--Bell v. Herrera

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.)
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Consumer case opionion summary, case decided on February 07,2019, LexisNexis #0319-061

In re Pure Performance Golf, LLC

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.)
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Commercial case opionion summary, case decided on September 29,2017, LexisNexis #1117-006

In re Howell Mt. Partners L.P.

Ruling: 
Assumption of executory lease conditionally granted.
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Commercial case opionion summary, case decided on March 16,2016, LexisNexis #0416-044

In re Prentice

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.
Ruling: 
Relief from stay granted to allow debtor's former employer to enforce non-compete clause.
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Consumer case opionion summary, case decided on May 17,2012, LexisNexis #0612-011

In re Lowe

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.
Ruling: 
Executory contract could not be enforced as it was deemed rejected.
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Consumer case opionion summary, case decided on March 04,2010, LexisNexis #0510-115

In re Wait

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), and because the trustee did not assume or reject it, it was deemed rejected.
Ruling: 
Mortgage is not an executory contract and need not be assumed or rejected by trustee.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-006

Hopkins v. Saratoga Holdings LLC (In re Colvin)

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.
Ruling: 
Trustee's failure to timely assume executory contract resulted in rejection and breach, precluding enforcement.
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Consumer case opionion summary, case decided on December 20,2007, LexisNexis #0208-022

Blair 11D Condo LLC v. Rabin (In re Rabin)

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