Legal Opinion

Bankr. L. Rep. P 77,713 in Re: James M. Craig, Debtor, Kip M. Kaler, Trustee-Appellee. v. James M. Craig, Carrington Health Center

Court of Appeals for the Eighth Circuit

Decided June 11, 1998No. 97-1862PublishedCited by 34 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

Dr. James Craig appeals from the order entered by the district court 1 affirming the bankruptcy court’s summary judgment order that a note given to Dr. Craig by Carrington Health Center for $82,053.75 was not an ex-ecutory .contract and that it should be included in the bankruptcy estate. Craig argues that the promissory note was an executory contract which was never assumed by the Trustee and did not become the property of the estate; that the note should be excluded from estate because the note’s only value was the result of services performed by Craig after he…

2Cases cited3 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. In Re Terrence A. Knutson, Bankrupt. Northwest Airlines, Inc. v. Edward F. Klinger, Trustee in Bankruptcy and Terrence A. KnutsonCourt of Appeals for the Eighth Circuit · 1977
  3. First National Bank v. FlathNorth Dakota Supreme Court · 1901

3Cited by34 opinions

  1. Sprint Communications Co. v. Crow Creek Sioux Tribal CourtDistrict Court, D. South Dakota · 2016
  2. White v. Coors Distributing Co. (In Re White)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  3. Lewis Brothers Bakeries Inc. v. Interstate Brands Corp. (In Re Interstate Bakeries Corp.)Court of Appeals for the Eighth Circuit · 2014
  4. In Re Moody National SHS Houston H, LLCUnited States Bankruptcy Court, S.D. Texas · 2010
  5. Chira v. Saal (In Re Chira)District Court, S.D. Florida · 2007

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