Legal Opinion
In Re Hernandez
United States Bankruptcy Court, D. Arizona
Decided December 23, 2002No. 99-01192-YUM-EWHPublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM DECISION
EILEEN W. HOLLOWELL, Bankruptcy Judge.
In this case, the court must determine whether it must issue an order directing the Debtors to reject an unassumable ex-ecutory contract pursuant to 11 U.S.C. § 365(d)(2) upon the request of the non-debtor party to the contract. For the reasons set forth below, the court holds that: (1) the Debtors are not required to reject the contract, but may instead elect not to address the contract in their Chapter 11 plan; (2) the contract may ride-through the bankruptcy; and (3) the automatic stay is lifted with respect to the contract.
PROCEDURAL…
2Cases cited26 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
21 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- 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
- CCT Communications, Inc. v. Zone Telecom, Inc.Supreme Court of Connecticut · 2017
- Kaye v. Dupree (In Re Avado Brands, Inc.)United States Bankruptcy Court, N.D. Texas · 2006
- Gray Ex Rel. Dehon Inc. v. Western Environmental Services & Testing, Inc. (In Re Dehon Inc.)United States Bankruptcy Court, D. Massachusetts · 2006
- Zions Credit Corp. v. Rebel Rents, Inc. (In Re Rebel Rents, Inc.)United States Bankruptcy Court, C.D. California · 2003
7 more not listed; retrieve them via the Exa API.