Legal Opinion

Durkin v. Benedor Corp. (In re G.I. Industries, Inc.)

Court of Appeals for the Ninth Circuit

Decided March 9, 2000No. 98-55846PublishedCited by 24 opinions

1Opinion of the Court

BRUNETTI, Circuit Judge:

This appeal arises out of an executory contract between Conejo Enterprises, Inc., (“Conejo”) and Benedor Corporation (“Benedor”). Conejo’s trustee, Ronald L. Durkin (“the trustee”), filed a motion with the bankruptcy court to reject the contract. The bankruptcy court approved the rejection, finding that the contract was “burdensome and onerous to Conejo.” Based on the rejection, Benedor submitted a proof of claim to the bankruptcy court, arguing that the rejection of an executory contract creates a statutory breach of contract action under 11 U.S.C. § 365(g) that is…

2Cases cited14 opinions

National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
Levander v. Prober (In re Levander)Court of Appeals for the Ninth Circuit · 1999

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

3Cited by24 opinions

John Doe v. Archdiocese of MilwaukeeCourt of Appeals for the Seventh Circuit · 2014
First Avenue West Building, LLC v. JamesCourt of Appeals for the Ninth Circuit · 2006
Continental Insurance v. Thorpe Insulation Co.Court of Appeals for the Ninth Circuit · 2012
In Re Valdez Fisheries Development Association, Inc., Debtor. Sea Hawk Seafoods, Inc. v. State of AlaskaCourt of Appeals for the Ninth Circuit · 2006
Lyon v. Gila River Indian CommunityCourt of Appeals for the Ninth Circuit · 2010

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