Introducing ATLASLearn more
Legal Opinion

Movitz v. Fiesta Investments, LLC (In Re Ehmann)

United States Bankruptcy Court, D. Arizona

Decided January 13, 2005No. Bankruptcy No. 2-00-05708-RJH. Adversary No. 04-00956PublishedCited by 26 opinions

1Opinion of the Court

OPINION DENYING DEFENDANT’S MOTION TO DISMISS COUNT I

RANDOLPH J. HAINES, Bankruptcy Judge.

The Court here concludes that because the operating agreement of a limited liability company imposes no obligations on its members, it is not an executory contract. Consequently when a member who is not the manager files a Chapter 7 case, his trustee acquires all of the member’s rights and interests pursuant to Bankruptcy Code 1 §§ 541(a) and (c)(1), and the limitations of §§ 365(c) and (e) do not apply.

Procedural Background

Plaintiff Louis A. Movitz (“Trustee”) is the Chapter 7 Trustee for the estate of…

2Cases cited13 opinions

  1. Summit Investment and Development Corporation v. Edward G. Leroux, Jr., Summit Investment and Development Corporation v. Albert F. Curran, Sr.Court of Appeals for the First Circuit · 1995
  2. In Re the Select-A-Seat Corporation, an Arizona Corporation, Debtors. Fenix Cattle Company v. Warren M. Silver, TrusteeCourt of Appeals for the Ninth Circuit · 1980
  3. In Re Garrison-Ashburn L.C.United States Bankruptcy Court, E.D. Virginia · 2000
  4. In Re Robert L. Helms Construction And Development Co., Inc.Court of Appeals for the Ninth Circuit · 1998
  5. In Re Sunset DevelopersUnited States Bankruptcy Court, D. Idaho · 1987

8 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Fursman v. Ulrich (In Re First Protection, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  2. Sheehan v. Warner (In re Warner)United States Bankruptcy Court, N.D. West Virginia · 2012
  3. Klingerman v. ExecuCorp, LLC (In Re Klingerman)United States Bankruptcy Court, E.D. North Carolina · 2008
  4. Duncan v. Dixie Management & Investment, Ltd. (In re Dixie Management & Investment, Ltd. Partners)United States Bankruptcy Court, W.D. Arkansas · 2011
  5. In Re ModanloUnited States Bankruptcy Court, D. Maryland · 2006

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API