Legal Opinion
In Re GHR Energy Corp.
United States Bankruptcy Court, S.D. Texas
Decided May 27, 1986No. 19-31157PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
MANUEL D. LEAL, Bankruptcy Judge.
Came on for oral argument the Finkel-stein group’s motion for partial summary judgment on the liability aspect of their proof of claim which was filed on November 21, 1984. The issue is whether these debtors’ are judicially precluded from challenging the underlying gas purchase agreement when they applied and obtained a court order allowing the debtor to reject the executory contract. We hold that the debtor is not precluded from raising the defense of lack of consideration under Texas law and that fact issues exist as to the alleged failure…
2Cases cited32 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
27 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- Olson v. United States Ex Rel. Department of Treasury (In Re Olson)United States Bankruptcy Court, D. North Dakota · 1994
- L.J. Hooker International Florida, Inc. v. Gelina (In Re Hooker Investments, Inc.)United States Bankruptcy Court, S.D. New York · 1991
- In Re Claremont Towers Co.United States Bankruptcy Court, D. New Jersey · 1994
- Gouveia v. Pulley (In Re Pulley)United States Bankruptcy Court, N.D. Indiana · 1989
3 more not listed; retrieve them via the Exa API.