Legal Opinion

In Re Speck

United States Bankruptcy Court, D. South Dakota

Decided July 3, 1985No. 19-50019PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

These cases have been consolidated for the Court’s resolution of a single legal issue: Whether a contract for deed for the purchase of real estate is an executory contract within the meaning of 11 U.S.C. § 365, which must be assumed or rejected, or a financing device which can be treated as a secured debt in the plan of reorganization.

The facts in these cases are similar and undisputed. In each case, the debtors are the buyers of real estate on a contract for deed which provides that the buyer will make periodic payments to the seller. Upon…

2Cases cited6 opinions

  1. In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
  2. 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
  3. Bankr. L. Rep. P 67,051 Lawrence Jenson v. Continental Financial CorporationCourt of Appeals for the Eighth Circuit · 1979
  4. Shaw v. Dawson (In Re Shaw)District Court, D. New Mexico · 1985
  5. Matter of CoxUnited States Bankruptcy Court, D. Idaho · 1983

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

3Cited by13 opinions

  1. In Re WaldronUnited States Bankruptcy Court, N.D. Texas · 1986
  2. In Re BuchertUnited States Bankruptcy Court, N.D. Illinois · 1987
  3. In Re BertelsenUnited States Bankruptcy Court, C.D. Illinois · 1986
  4. In Re HoweUnited States Bankruptcy Court, D. South Dakota · 1987
  5. Speck v. First National Bank of Sioux FallsDistrict Court, D. South Dakota · 1985

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

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