Legal Opinion
In Re Hernandez
United States Bankruptcy Court, D. Arizona
Decided September 9, 2002No. 99-01192-YUM-EWHPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION
EILEEN W. HOLLOWELL, Bankruptcy Judge.
The court must decide if Debtor Andres Hernandez (Hernandez) may assume an executory contract which is the most important asset of the Debtors’ estate. For the reasons set forth below the court finds that the contract is not assumable.
FACTS AND PROCEDURAL HISTORY
Hernandez was a principal, along with Steven Wolfe, Andrew Smith, and John Hougham in Global Prepcorp, a corporation based in Salinas, California, which was involved in the agricultural business. With John Hougham (now deceased) as lead inventor, these men developed a pro cess…
2Cases cited10 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- 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
- Oliver v. Rumford Chemical WorksSupreme Court of the United States · 1883
- Pope Manufacturing Co. v. Gormully & Jeffery Manufacturing Co.Supreme Court of the United States · 1892
- In Re Thomas E. Magness Harry E. Redman, Debtors. John Paul Rieser, Trustee v. The Dayton Country Club Company and Cynthia Magness KarasCourt of Appeals for the Sixth Circuit · 1992
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3Cited by4 opinions
- Superbrace, Inc. v. TidwellCalifornia Court of Appeal · 2004
- In Re Aerobox Composite Structures, LLCUnited States Bankruptcy Court, D. New Mexico · 2007
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- Proteotech, Inc. v. Unicity International, Inc.District Court, W.D. Washington · 2008