Legal Opinion
In Re Leibinger-Roberts, Inc.
United States Bankruptcy Court, E.D. New York
Decided October 5, 1989No. 8-19-71094PublishedCited by 14 opinions
1Opinion of the Court
CONRAD B. DUBERSTEIN, Chief Judge.
The within proceeding is a motion brought by Wayne Fulton (“Fulton”), a minority shareholder, director, and officer of the debtor corporation for an order directing the debtor to assume or reject a certain shareholders’ agreement (“agreement”) affecting him pursuant to § 365(d)(2) of the Bankruptcy Code. It is the debtor’s position that the agreement is not an executory contract as to the debtor and therefore, there is no obligation under 11 U.S.C. § 365 to make such an election. For the reasons set forth hereafter, we conclude: 1) the shareholders’ agreement…
2Cases cited17 opinions
- Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
- In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
- In Re Streets & Beard Farm Partnership, Debtor. Loren and Doris Mitchell v. David Streets, Shari Streets, Fred Beard, and Reynolds M. Everett, TrusteeCourt of Appeals for the Seventh Circuit · 1989
- In Re Chateaugay Corp.United States Bankruptcy Court, S.D. New York · 1989
- Higgs v. De MaziroffNew York Court of Appeals · 1934
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)United States Bankruptcy Court, S.D. New York · 1992
- In Re BlumanUnited States Bankruptcy Court, E.D. New York · 1991
- In Re Riodizio, Inc.United States Bankruptcy Court, S.D. New York · 1997
- Saccurato Inc. v. Masters, Inc. (In Re Masters, Inc.)District Court, E.D. New York · 1992
- In Re Spectrum Information Technologies, Inc.United States Bankruptcy Court, E.D. New York · 1996
9 more not listed; retrieve them via the Exa API.