Legal Opinion
Stumpf v. McGee (In Re O'Connor)
Court of Appeals for the Fifth Circuit
Decided July 16, 2001No. 00-31109PublishedCited by 57 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
For this Chapter 11 bankruptcy case, the executory partnership agreement at issue having been neither expressly assumed nor rejected, of primary concern is whether the Trustee is substituted for the Debtor as a partner and can maintain an action against the other partners for violations of transfer restrictions in the agreement and for distributions concerning those transfers, including whether the agreement was assumable under the Bankruptcy Code and Louisiana law. The bankruptcy court held the agreement passed through bankruptcy to the Reorganized…
2Cases cited27 opinions
- 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
- In the Matter of Randy WEBER and Christian Weber, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1994
- In Re Terex Corporation, Debtor. Terex Corporation v. Metropolitan Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1993
- In the Matter of Richard A. Tonry and Irene Juneau Tonry, Debtors. Richard A. Tonry and Irene Juneau Tonry v. Jean O. Hebert, Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1984
- Century Indemnity Co. v. National Gypsum Co. Settlement Trust (In Re National Gypsum Co.)Court of Appeals for the Fifth Circuit · 2000
22 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Bonneville Power Administration v. Mirant Corp.Court of Appeals for the Fifth Circuit · 2006
- Diamond Z Trailer, Inc. v. JZ L.L.C. (In re JZ L.L.C.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Official Committee of Unsecured Creditors v. Dow Corning Corp. (In Re Dow Corning Corp.)Court of Appeals for the Sixth Circuit · 2006
- Asarco, L.L.C. v. Montana Resources, Inc.Court of Appeals for the Fifth Circuit · 2017
- Kaye v. Dupree (In Re Avado Brands, Inc.)United States Bankruptcy Court, N.D. Texas · 2006
52 more not listed; retrieve them via the Exa API.