Peck Iron & Metal Co. v. Scrap Disposal, Inc. (In Re Scrap Disposal, Inc.)

MEMORANDUM

Before ELLIOTT, VOLINN and HUGHES, Bankruptcy Judges.

The appellant, Peck Iron and Metal Company, Inc. appeals from an order authorizing the debtor, Scrap Disposal, Inc., to assume an executory contract. PECK is SCRAP’S landlord and the executory contract involved is an option to purchase the leased real estate.

Because the order appealed from is not supported by findings of fact, and because the pending trial in the Bankruptcy Court between the same parties for declaratory relief may moot the issues on this appeal, we remand to the trial court.

FINDINGS OF FACT

The order filed January…