Legal Opinion
In re Spoverlook, LLC
United States Bankruptcy Court, D. New Mexico
Decided October 7, 2016No. Case No. 15-13018 t11PublishedCited by 6 opinions
1Opinion of the Court
OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is Debtor’s motion to reject a state court settlement agreement with a homeowner’s association. The Court previously found the settlement agreement was an executory contract. The homeowner’s association resists rejection, arguing that it can obtain specific performance of the agreement, rejection would improperly contravene a state court order, and the proposed rejection is in bad faith. The Court disagrees and will grant Debtor’s motion,
I. FACTS
The Court finds:
Debtor is the developer of a 260-acre residential…
2Cases cited39 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Law v. SiegelSupreme Court of the United States · 2014
- Ohio v. KovacsSupreme Court of the United States · 1985
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- Westar Energy, Inc. v. LakeCourt of Appeals for the Tenth Circuit · 2009
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3Cited by6 opinions
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- Donald J. Schroeder and Deirdre C. SchroederUnited States Bankruptcy Court, M.D. Florida · 2021
- Fern Elaine PaziakUnited States Bankruptcy Court, D. Nebraska · 2022
- John Q. Hammons Fall 2006, LLC v. United States Bankruptcy Court for the District of Kansas - Kansas CityBankruptcy Appellate Panel of the Tenth Circuit · 2017
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