Legal Opinion

Newbery Electric, Inc. v. MCI Constructors, Inc. (In Re Newbery Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 20, 1992No. Bankruptcy No. 87-3466-PHX-RGM, Adv. No. 88-817-PHX-RGM, BAP No. AZ-91-2045-MeJRPublishedCited by 6 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

Newbery Electric, Inc. (“Debtor”) appeals from the order of the bankruptcy court which held that MCI Constructors, Inc. (“MCI”) is entitled to recoup pre-petition damages from post-petition rents claimed by the Debtor. We AFFIRM.

*1000II

PACTS

On April 30, 1985, MCI entered into a contract to construct a wastewater treatment plant (“Project”) for the city of Pueblo, Arizona. On November 1, 1985, MCI retained with the Debtor to perform electrical work on the Project. On June 2, 1987, the Debtor abandoned work on the Project, leaving its tools and equipment on the site.…

2Cases cited14 opinions

In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
Tull v. Gundersons, Inc.Supreme Court of Colorado · 1985
Schneiker v. GordonSupreme Court of Colorado · 1987
Bank of Los Angeles v. Official PACA Creditors' Committee (In Re Southland + Keystone)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991

9 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

In Re Village Craftsman, Inc.United States Bankruptcy Court, D. New Jersey · 1993
Centergas, Inc. v. Conoco, Inc. (In Re Centergas, Inc.)United States Bankruptcy Court, N.D. Texas · 1994
In Re Consumer Health Services of America, Inc.District Court, District of Columbia · 1994
Native American Financial, Inc. v. Tecumseh Construction Co. (In Re Tecumseh Construction Co.)United States Bankruptcy Court, E.D. California · 1993
Newbery Electric, Inc. v. MCI Constructors, Inc. (In Re Newbery Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994

1 more not listed; retrieve them via the Exa API.