Legal Opinion

Sundial Asphalt Co. v. V.P.C. Investors Corp. (In Re Sundial Asphalt Co.)

District Court, E.D. New York

Decided November 23, 1992No. CV 92-808 (ADS), CV 92-1202 (ADS), CV 92-1790 (ADS), CV 92-1791 (ADS), CV 92-2571 (ADS), CV 92-3990 (ADS) and CV 92-3991 (ADS)PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The Court is faced with several interesting and unusual questions in these four consolidated bankruptcy appeals brought by a financially troubled operating company with regard to a purportedly “burdensome” executory contract for the sale of the company’s only asset, namely, an asphalt plant in Suffolk County.

These appeals concern four different orders signed by the United States Bankruptcy Judge Robert John Hall. Before addressing the merits of these appeals, the Court sets forth a brief chronology of the actions in both the Bankruptcy Court…

2Cases cited27 opinions

  1. Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
  2. In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
  3. In Re Dorothy Thelma Alexander, Debtor. Ronald R. Benevides and Karole L. Benevides v. Dorothy Thelma AlexanderCourt of Appeals for the Ninth Circuit · 1982
  4. In the Matter of James Minges, Debtor. Control Data Corporation v. Steven Zelman, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1979
  5. Robertson v. Pierce (In Re Chi-Feng Huang)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982

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3Cited by22 opinions

  1. 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
  2. COR Route 5 Co. v. Penn Traffic Co.Court of Appeals for the Second Circuit · 2008
  3. In Re Balco Equities Ltd., Inc.United States Bankruptcy Court, S.D. New York · 2005
  4. In Re Riodizio, Inc.United States Bankruptcy Court, S.D. New York · 1997
  5. Leslie Fay Companies v. Corporate Property Associates 3 (In Re Leslie Fay Companies)United States Bankruptcy Court, S.D. New York · 1994

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