Legal Opinion
Matter of GP Express Airlines, Inc.
United States Bankruptcy Court, D. Nebraska
Decided August 7, 1996No. 10-43771PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. MINAHAN, Jr., Bankruptcy Judge.
Before the court is a motion to assume executory contracts between the debtor in possession, GP Express Airlines, Inc. (“Debt- or” or “GP Express”), and Continental Airlines, Inc. (“Continental”). Continental resists Debtor’s motion. I conclude that the contracts are executory, that assumption is not barred by section 365(c)(1), and that non-monetary defaults need not be cured as a condition to assumption.
FACTS
Debtor and Continental are passenger airlines. Each are parties to an Amended and Restated Airline Interline Agreement dated March 31,…
2Cases cited25 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- In Re Braniff Airways, Inc.Court of Appeals for the Fifth Circuit · 1983
- In the Matter of West Electronics Inc. Appeal of United States of America, by the United States Air ForceCourt of Appeals for the Third Circuit · 1988
- United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
- In Re Pioneer Ford Sales, Inc. Ford Motor CompanyCourt of Appeals for the First Circuit · 1984
20 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- John Cinicola v. William J. Scharffenberger, Chapter 11 Trustee, Et Al.Court of Appeals for the Third Circuit · 2001
- Eagle Insurance v. Bankvest Capital Corp. (In Re Bankvest Capital Corp.)Court of Appeals for the First Circuit · 2004
- United Food & Commercial Workers Union, Local 211 v. Family Snacks, Inc. (In Re Family Snacks, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- South Motor Co. v. Carter-Pritchett-Hodges, Inc. (In Re MMH Automotive Group, LLC)United States Bankruptcy Court, S.D. Florida. · 2008
- In re Nickels Midway Pier, LLCCourt of Appeals for the Third Circuit · 2007
23 more not listed; retrieve them via the Exa API.