Legal Opinion
Unsecured Creditors' Committee of Robert L. Helms Construction & Development Co. v. Southmark Corp.
Court of Appeals for the Ninth Circuit
Decided March 19, 1998No. 95-16781PublishedCited by 9 opinions
1Opinion of the Court
Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge THOMAS; Concurrence by Judge RYMER; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.
KOZINSKI, Circuit Judge.
Guided, or misguided, by Gill v. Easebe Enters. (In re Easebe Enters.), 900 F.2d 1417, 1419 (9th Cir.1990), the bankruptcy court below held that an option is an executo-ry contract. We took the case en bane to consider whether Easebe was correctly decided.
I
Southmark, a Texas corporation, sold the Double Diamond Ranch in Nevada to the Double Diamond Ranch Limited Partnership, retaining an option to buy…
2Cases cited16 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
- Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
- Horton v. Rehbein (In Re Rehbein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- In Re WaldronUnited States Bankruptcy Court, S.D. Florida. · 1984
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3Cited by9 opinions
- Beck v. Fort James Corp. (In Re Crown Vantage, Inc.)Court of Appeals for the Ninth Circuit · 2005
- Diamond Z Trailer, Inc. v. JZ L.L.C. (In re JZ L.L.C.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re Robert L. Helms Construction And Development Co., Inc.Court of Appeals for the Ninth Circuit · 1998
- Carruth v. Eutsler (In Re Eutsler)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
- Ulrich v. Walker (In Re Boates)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
4 more not listed; retrieve them via the Exa API.