Legal Opinion

Breeden v. Catron (In Re Catron)

United States Bankruptcy Court, E.D. Virginia

Decided September 7, 1992No. 19-30857PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Plaintiffs are partners with the debtor in possession in a general partnership formed to develop a shopping mall. By motion plaintiffs seek relief from stay to purchase the debtor’s interest in the partnership. On May 1, 1992, the court heard the plaintiffs’ motion, and the issue was taken under advisement.

For the reasons given in this opinion I hold that the partnership agreement is an executory contract for personal services not assumable by the debtor and that cause exists to grant plaintiff’s motion for relief from stay.

Findings of…

2Cases cited7 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. United States of America, Department of the Air Force v. Carolina Parachute CorporationCourt of Appeals for the Fourth Circuit · 1990
  3. Skeen v. Harms (In Re Harms)United States Bankruptcy Court, D. Colorado · 1981
  4. In Re Cardinal Industries, Inc.United States Bankruptcy Court, S.D. Ohio · 1990
  5. In Re Sunset DevelopersUnited States Bankruptcy Court, D. Idaho · 1987

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

3Cited by16 opinions

  1. Stumpf v. McGee (In Re O'Connor)Court of Appeals for the Fifth Circuit · 2001
  2. Breeden v. Catron (In Re Catron)District Court, E.D. Virginia · 1993
  3. Sheehan v. Warner (In re Warner)United States Bankruptcy Court, N.D. West Virginia · 2012
  4. Phar-Mor, Inc. v. Strouss Building AssociatesDistrict Court, N.D. Ohio · 1997
  5. In Re DeLucaUnited States Bankruptcy Court, E.D. Virginia · 1996

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

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