Legal Opinion
In re Spoverlook, LLC
United States Bankruptcy Court, D. New Mexico
Decided June 14, 2016No. Case No. 15-13018 t11Published
1Opinion of the Court
MEMORANDUM OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is the Debtor’s motion to reject a state court settlement agreement with a homeowner’s association pursuant to 11 U.S.C. § 365(a).1 The parties asked the Court to rule, in advance of the final hearing, on whether the agreement is an executory contract. Based on the case law and the uncontroverted facts, the Court finds that it is.
I. FACTS
The Court finds:2
Debtor is the developer of a 259.6 acre residential development called San Pedro Overlook, in the “East Mountains” area northeast of Albuquerque (the…
2Cases cited23 opinions
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- In Re Columbia Gas System Inc.Court of Appeals for the Third Circuit · 1995
- In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
- COR Route 5 Co. v. Penn Traffic Co.Court of Appeals for the Second Circuit · 2008
- In Re Krystal Cadillac Oldsmobile Gmc Truck, Inc., Debtor. Krystal Cadillac Oldsmobile Gmc Truck, Inc. Lawrence v. Young v. General Motors Corporation, Krystal Cadillac Oldsmobile Gmc Truck, Inc., in 97-7117. In Re Krystal Cadillac Oldsmobile Gmc Truck, Inc., Debtor. Krystal Cadillac Oldsmobile Gmc Truck, Inc. Lawrence v. Young v. General Motors Corporation, Lawrence v. Young, InCourt of Appeals for the Third Circuit · 1998
18 more not listed; retrieve them via the Exa API.