Legal Opinion

In Re Sigel & Co., Ltd., Debtor. Manning J. Post v. Sigel & Co., Ltd.

Court of Appeals for the Ninth Circuit

Decided January 11, 1991No. 89-15898PublishedCited by 11 opinions

1Opinion of the Court

NOONAN, Circuit Judge:

Manning J. Post (Post) appeals from a judgment of the district court denying his appeal from a bankruptcy court order. Post had entered into a joint venture agreement with the debtor, Sigel & Co., Ltd. (Sigel). The bankruptcy court held that the joint venture agreement was an executory contract assumable by Sigel, and the district court affirmed. A critical question we must determine is whether a party in reorganization has power to cure a default in an executory contract although the contract does not provide for such a cure. We affirm the judgment of the district court.

2Cases cited9 opinions

In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
In Re Dorothy Thelma Alexander, Debtor. Ronald R. Benevides and Karole L. Benevides v. Dorothy Thelma AlexanderCourt of Appeals for the Ninth Circuit · 1982
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
Paradise Homes, Inc. v. Central Surety and Ins. Corp.Nevada Supreme Court · 1968

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

3Cited by11 opinions

Bank of America, N.A. v. Garcia (In Re Garcia)United States Bankruptcy Court, D. Arizona · 2002
C.O.P. Coal Development Co v. C.W. Mining Co. (In Re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2010
Coleman Oil Co v. Circle K Corp. (In re Circle K Corp.)Court of Appeals for the Ninth Circuit · 1997
In Re RB Furniture, Inc.United States Bankruptcy Court, C.D. California · 1992
Hartunian v. RacusinCourt of Appeals for the Ninth Circuit · 2005

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