Legal Opinion

Acton v. Fullmer (In Re Fullmer)

United States Bankruptcy Court, D. Nevada

Decided April 5, 2005No. 19-10485PublishedCited by 8 opinions

1Opinion of the Court

AMENDED AND RESTATED OPINION ON REQUEST FOR STAY PENDING APPEAL

Scott Acton (“Acton”) applies for a stay pending appeal of this court’s judgment denying him specific performance of a land sale contract (“Contract”). Specifically, he seeks a stay of this court’s order that his lis pendens against the property subject to the Contract be expunged. The court will deny Acton’s application.

Patrick Fullmer (“Fullmer”) filed a Chapter 11 case in October of 2003. As explained below, part of the reason for Fullmer’s filing was to reject certain exec-utory contracts for the sale of four parcels of land,…

2Cases cited65 opinions

  1. Hilton v. BraunskillSupreme Court of the United States · 1987
  2. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  3. Ollie B. Hadley, Plaintiff-Counterclaim-Defendant-Appellant v. United States of America, Defendant-Counterclaimant-AppelleeCourt of Appeals for the Ninth Circuit · 1995
  4. Brook Village North Associates v. General Electric Company, Re-Entry and Environmental Systems DivisionCourt of Appeals for the First Circuit · 1982
  5. Dahlberg Brothers, Inc. v. Ford Motor CompanySupreme Court of Minnesota · 1965

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3Cited by8 opinions

  1. In Re F.G. Metals, Inc.United States Bankruptcy Court, M.D. Florida · 2008
  2. In Re Red Mountain MacHinery Co.United States Bankruptcy Court, D. Arizona · 2011
  3. Jenco v. Valderra Land HoldingsUtah Supreme Court · 2025
  4. Fireman's Fund Ins. v. Plant Insulation Co.District Court, N.D. California · 2012
  5. In re Scrub Island Development Group Ltd.United States Bankruptcy Court, M.D. Florida · 2015

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