Dye v. Sandman Associates, L.L.C. (In Re Sandman Associates, L.L.C.)
District Court, W.D. Virginia
1Opinion of the Court
OPINION
JONES, District Judge.
In these consolidated bankruptcy appeals, the principal question presented is whether the debtor, a limited liability company, properly rejected a contract by which it granted a membership interest in return for an injection of capital. Finding that the contract was not executory, and thus not subject to rejection, I reverse the bankruptcy court.
I
The debtor in possession and appellee, Sandman Associates, L.L.C. (“Sandman”), is a Virginia limited liability company. 1 It was formed in April of 1995 for the purpose of constructing and managing certain commercial real…
2Cases cited10 opinions
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- Horton v. HortonSupreme Court of Virginia · 1997
- In Re Harolyn Anderson, Debtor. Richard M. Anderson, Cross-Appellee v. Harolyn Anderson, Cross-Appellant, and John F. Bufe, TrusteeCourt of Appeals for the Fifth Circuit · 1991
- In Re Rega Properties, Ltd., Debtor. J. Reed Dunkley v. Rega Properties, Ltd.Court of Appeals for the Ninth Circuit · 1990
- Neely v. WhiteSupreme Court of Virginia · 1941
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3Cited by4 opinions
- Pope v. Vu (In Re Vu)District Court, D. Maryland · 2007
- Holmes Environmental, Inc. v. Suntrust Banks, Inc. (In Re Holmes Environmental, Inc.)United States Bankruptcy Court, E.D. Virginia · 2002
- Newman Grill Systems, LLC v. Ducane Gas Grills, Inc. (In Re Ducane Gas Grills, Inc.)United States Bankruptcy Court, D. South Carolina · 2004
- Newman Grill Systems, LLC v. Ducane Gas Grills, Inc. (In Re Ducane Gas Grills, Inc.)United States Bankruptcy Court, D. South Carolina · 2004