Legal Opinion

In Re Emerald Forest Construction, Inc.

United States Bankruptcy Court, D. Montana

Decided November 25, 1998No. 19-60083PublishedCited by 3 opinions

1Opinion of the Court

ORDER

JOHN L. PETERSON, Chief Judge.

In this Chapter 11 bankruptcy RDO Equipment (“RDO”) filed a motion for relief from the stay on October 14, 1998, seeking possession of equipment, a screen plant and conveyor, which it leased to the Debtor-in-Possession (“DIP”) under an “Equipment Rental Agreement” (hereinafter the “lease”). The DIP filed an opposition to RDO’s motion and filed a “motion to assume executory lease/purchase agreement” on October 19, 1998, to which RDO objects 1 . After due notice hearing on these matters was held at Missoula on October 27, 1998. The DIP was represented at…

2Cases cited18 opinions

  1. Rake v. WadeSupreme Court of the United States · 1993
  2. Market Co. v. HoffmanSupreme Court of the United States · 1879
  3. Ex Parte Public National Bank of New YorkSupreme Court of the United States · 1928
  4. In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
  5. In Re Lco Enterprises, Debtor. Lincoln Alvarado Patrician Associates, Inc. Lpc Alvarado Phase II v. Edward M. Walsh, TrusteeCourt of Appeals for the Ninth Circuit · 1993

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3Cited by3 opinions

  1. Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.)United States Bankruptcy Court, D. Delaware · 2011
  2. In Re UAL Corp.United States Bankruptcy Court, N.D. Illinois · 2003
  3. In Re WardUnited States Bankruptcy Court, W.D. Missouri · 2008

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