Legal Opinion
Stevens v. CSA, INC.
District Court, D. Massachusetts
Decided August 27, 2001No. Civ.A. 98-12480-RWZPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
ZOBEL, District Judge.
This is an appeal from an order of the bankruptcy court denying Plaintiffs mo tion to compel Defendant to assume or reject a contract between them.
The Bankruptcy Code provides that, with certain exceptions, a bankruptcy trustee may, “subject to the court’s approval, ... assume or reject any executory contract ... of the debtor.” 11 U.S.C. § 365(a). A Chapter 11 debtor-in-possession (DIP) enjoys the same power pursuant to 11 U.S.C. § 1107(a), 1 and may assume or reject an executory contract “at any time before the confirmation of a plan.” 11 U.S.C. §…
2Cases cited11 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- In re Saco Local Development Corp.Court of Appeals for the First Circuit · 1983
- In re American Colonial Broadcasting Corp.Court of Appeals for the First Circuit · 1985
- In Re DrakeUnited States Bankruptcy Court, D. Massachusetts · 1992
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3Cited by3 opinions
- O'Brien v. Ravenswood Apartments, Ltd. (In Re Ravenswood Apartments, Ltd.)Bankruptcy Appellate Panel of the Sixth Circuit · 2006
- United Surety & Indemnity Co. v. Maxon Engineering Services, Inc. (In Re Maxon Engineering Services, Inc.)United States Bankruptcy Court, D. Puerto Rico · 2005
- In Re: Ravenswood v.Bankruptcy Appellate Panel of the Sixth Circuit · 2006