Legal Opinion
In Re Bergt
United States Bankruptcy Court, D. Alaska
Decided October 22, 1999No. 19-00060PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM DECISION DENYING REJECTION OF WOOD RIVER, LTD.’S RIGHT OF FIRST REFUSAL BECAUSE IT IS NOT EXECUTORY AND § 365(a) IS NOT AN AVOIDING POWER
HERBERT A. ROSS, Bankruptcy Judge.
Contents Page
1. INTRODUCTION.18-19
2. FACTUAL AND PROCEDURAL BACKGROUND.18-19
3. ISSUES.19
4. ANALYSIS.19
4.1. Ninth Circuit Case Law Establishes That the Right of First Refusal is Not an Executory Contract When There Was No Sale Pending at the Time of Bankruptcy.19
4.2. Rejection of a Right of First Refusal on Property of the Estate Does Not Result in “Avoiding” the Property Interest of the Nondebtor Holder of the…
2Cases cited34 opinions
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- LaChance v. EricksonSupreme Court of the United States · 1998
- In Re Klein Sleep Products, Inc., Debtor. Nostas Associates v. Bernard W. Costich, Chapter 11 Trustee, and Official Committee of Unsecured CreditorsCourt of Appeals for the Second Circuit · 1996
- Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)United States Bankruptcy Court, S.D. New York · 1992
29 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Abboud v. Ground Round, Inc. (In Re Ground Round, Inc.)Court of Appeals for the First Circuit · 2007
- Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)United States Bankruptcy Court, S.D. Ohio · 2008
- Fursman v. Ulrich (In Re First Protection, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Schubiner v. Zolman (In re Schubiner)United States Bankruptcy Court, E.D. Michigan · 2018
- Vallely Investments, L.P. v. BancAmerica Commercial Corp.California Court of Appeal · 2001
16 more not listed; retrieve them via the Exa API.