Legal Opinion
In Re Thomas E. Magness Harry E. Redman, Debtors. John Paul Rieser, Trustee v. The Dayton Country Club Company and Cynthia Magness Karas
Court of Appeals for the Sixth Circuit
Decided August 17, 1992No. 91-4041PublishedCited by 37 opinions
1Opinion of the Court
JOINER, Senior District Judge.
In this case we are asked to review an order barring a trustee in bankruptcy under Chapter 7 from assuming and assigning a golf membership in a country club as an executory contract, pursuant to section 365 of the Bankruptcy Code. 11 U.S.C. § 365.
I
The Dayton Country Club is an organization, in the form of a corporation, consisting of several hundred individuals who have joined together for recreation and entertainment. Its shares of stock may be held only by the members of the club and may not be accumulated in any substantial amount by one member.
The club offers…
2Cases cited6 opinions
- In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
- In Re Pioneer Ford Sales, Inc. Ford Motor CompanyCourt of Appeals for the First Circuit · 1984
- In Re Taylor Manufacturing, Inc.United States Bankruptcy Court, N.D. Georgia · 1980
- Lough v. Varsity Bowl, Inc.Ohio Supreme Court · 1968
- Starchroom Publishing Co. v. Threlkeld Engraving Co.Ohio Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
- In Re Claremont Acquisition Corporation, Inc. Claremont Pontiac/gmc Truck, Inc. Claremont Ford, Inc. Claremont Cadillac, Inc. Claremont Isuzu, Inc. And Claremont Hyundai, Inc., Debtors. Cal Worthington Cal Worthington Dodge, Inc. And Claremont Acquisition Corporation, Inc. v. General Motors Corporation, in Re Claremont Acquisition Corporation, Inc. Claremont Pontiac/gmc Truck, Inc. Claremont Ford, Inc. Claremont Cadillac, Inc. Claremont Isuzu, Inc. And Claremont Hyundai, Inc., Debtors. General Motors Corporation v. Cal Worthington Cal Worthington Dodge, Inc. Claremont Acquisition Corporation, Inc. Claremont Pontiac/gmc Truck, Inc. Claremont Ford, Inc. Claremont Cadillac, Inc. Claremont Isuzu, Inc. And Claremont Hyundai, Inc.Court of Appeals for the Ninth Circuit · 1997
- Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)United States Bankruptcy Court, S.D. Ohio · 2008
- Matter of GP Express Airlines, Inc.United States Bankruptcy Court, D. Nebraska · 1996
- Allentown Ambassadors, Inc. v. Northeast American Baseball, LLC (In Re Allentown Ambassadors, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2007
32 more not listed; retrieve them via the Exa API.