Legal Opinion

Turbowind, Inc. v. Post Street Management, Inc. (In Re Turbowind, Inc.)

United States Bankruptcy Court, S.D. California

Decided November 25, 1984No. 19-00527PublishedCited by 24 opinions

1Opinion of the Court

LOUISE DeCARL MALUGEN, Bankruptcy Judge.

I

BACKGROUND

This matter is before the Court on the debtor Turbowind’s motion to reject an ex- écutory contract and its motion for a mandatory injunction. The motions were consolidated for hearing for the convenience of all parties.

II

FACTS

Turbowind, Inc. (“debtor”) is a corporation engaged in the manufacture and installation of electricity-generating wind turbines (“windmill” or “machine”). In order to finance the construction of the machines, each machine was sold to “owners”. 1 The purchase agreement provided for the “sale” of a windmill for a price of…

2Cases cited20 opinions

  1. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  2. Golden v. ZwicklerSupreme Court of the United States · 1969
  3. Group of Institutional Investors v. Chicago, M., St. P. & P.R. Co., and 9 Other CasesSupreme Court of the United States · 1943
  4. Carpenter v. Wabash Railway Co.Supreme Court of the United States · 1940
  5. In Re Eli Kenneth Mellor and Lisa Mellor, Debtors. Raymond G. Pistole and Raymond R. Bragg v. Eli Kenneth Mellor and Lisa MellorCourt of Appeals for the Ninth Circuit · 1984

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3Cited by24 opinions

  1. In Re Atlantic Business and Community CorporationCourt of Appeals for the Third Circuit · 1990
  2. Harley Hotels, Inc. v. Rain's International, Ltd.District Court, M.D. Pennsylvania · 1985
  3. Williams v. Clark (In Re Clark)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  4. Matter of MullarkeyUnited States Bankruptcy Court, D. New Jersey · 1987
  5. 48th Street Steakhouse, Inc. v. Rockefeller Center, Inc. (In Re 48th Street Steakhouse, Inc.)United States Bankruptcy Court, S.D. New York · 1986

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