Legal Opinion

In Re Heward Bros.

United States Bankruptcy Court, D. Idaho

Decided June 26, 1997No. 19-40216PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JIM D. PAPPAS, Chief Judge.

Background.

Before the Court for disposition is the motion of AgAmerica Bank, successor to Farm Credit Bank of Spokane (hereafter “FCB”), to compel Debtor, Heward Brothers Family Partnership, to assume or reject an installment land sale agreement (the “Contract”) as an executory contract. Debtor objected to the motion contending that the Contract is not executory within the meaning of Section 365 of the Bankruptcy Code. A hearing on the motion and objection was held on May 22, 1997, at which time the Court took the issues under advisement. After…

2Cases cited29 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
  3. In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
  4. In Re Streets & Beard Farm Partnership, Debtor. Loren and Doris Mitchell v. David Streets, Shari Streets, Fred Beard, and Reynolds M. Everett, TrusteeCourt of Appeals for the Seventh Circuit · 1989
  5. In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986

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3Cited by4 opinions

  1. In Re Shady Grove Tech Center Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Maryland · 1998
  2. Kane v. Inhabitants of Harpswell (In Re Kane)Bankruptcy Appellate Panel of the First Circuit · 2000
  3. Minnesota Corn Processors, Inc. v. American Sweeteners, Inc. (In Re American Sweeteners, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2000
  4. Leobardo Munoz and Maria Elena MunozUnited States Bankruptcy Court, D. New Mexico · 2019

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