Legal Opinion
O'Brien v. Ravenswood Apartments, Ltd. (In Re Ravenswood Apartments, Ltd.)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided February 17, 2006No. 05-8017PublishedCited by 21 opinions
1Opinion of the Court
OPINION
GREGG, Bankruptcy Judge.
James F. O’Brien, Trustee, Robert S. Corbly, Glen A. Bums and Carol Burns (the “Appellants”) appeal the bankruptcy court’s order denying their motion to compel the Debtor to make payments under a land installment contract and to assume or reject the contract within a specified time period. For the reasons that follow, we find that the land installment contract is executory under controlling Sixth Circuit precedent and Ohio law and REVERSE the order of the bankruptcy court.
I. ISSUE ON APPEAL
The sole issue on appeal is whether the land installment contract is an…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re: Daniel Fordu, Debtor. Harold A. Corzin v. Julie A. ForduCourt of Appeals for the Sixth Circuit · 1999
- In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cash America Financial Services, Inc. v. Fox (In Re Fox)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Menninger v. Schramm (In Re Schramm)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)United States Bankruptcy Court, S.D. Ohio · 2008
- Geygan v. World Savings Bank, FSB (In Re Nolan)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- In Re PerrinBankruptcy Appellate Panel of the Sixth Circuit · 2007
16 more not listed; retrieve them via the Exa API.