Legal Opinion
In Re Hartec Enterprises, Inc.
United States Bankruptcy Court, W.D. Texas
Decided July 16, 1990No. 19-60013PublishedCited by 19 opinions
1Opinion of the Court
DECISION AND ORDER ON JOINT MOTION OF DEBTOR AND THE UNITED STATES OF AMERICA FOR DETERMINATION OF THE ASSUMPTION OR REJECTION OF EXEC-UTORY CONTRACTS
LEIF M. CLARK, Bankruptcy Judge.
This case involves the ability of a chapter 11 debtor in possession to assume an exec-utory government contract. It requires construction of 41 U.S.C. § 15 (which prohibits the transfer of a government contract without the consent of the United States) and 11 U.S.C. § 365(c)(1) (which limits the ability of a trustee to assume or assign executory contracts governed by anti-assignment laws).
FACTS & PROCEDURAL HISTORY
2Cases cited19 opinions
- In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
- Goodman v. NiblackSupreme Court of the United States · 1881
- Erwin v. United StatesSupreme Court of the United States · 1878
- In Re Braniff Airways, Inc.Court of Appeals for the Fifth Circuit · 1983
- In the Matter of West Electronics Inc. Appeal of United States of America, by the United States Air ForceCourt of Appeals for the Third Circuit · 1988
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
- In Re James Cable Partners, L.P., Debtor. The City of Jamestown, Tennessee v. James Cable Partners, L.P.Court of Appeals for the Eleventh Circuit · 1994
- Bonneville Power Administration v. Mirant Corp.Court of Appeals for the Fifth Circuit · 2006
- Matter of GP Express Airlines, Inc.United States Bankruptcy Court, D. Nebraska · 1996
- In Re El Paso Refinery, L.P.United States Bankruptcy Court, W.D. Texas · 1998
14 more not listed; retrieve them via the Exa API.