Legal Opinion
Waldschmidt v. Metropolitan Lincoln-Mercury, Inc. (In Re Preston)
United States Bankruptcy Court, M.D. Tennessee
Decided September 4, 1985No. Bankruptcy No. 384-01048, Adv. No. 385-0048PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The question presented is whether a pre-petition agreement for the sale of the debt- or’s car dealership is an executory contract where the debtor remains obligated to indemnify the purchaser and the purchaser remains obligated to supply the debtor with free cars. Applying the test set forth by the Court of Appeals for this circuit in Sloan v. Hicks (In re Becknell & Crace Coal Co., Inc.), 761 F.2d 319 (6th Cir.1985), we hold that the contract was executory and was rejected by operation of law pursuant to 11 U.S.C. § 365(d).
The following constitute…
2Cases cited10 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
- Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Chateaugay Corp.United States Bankruptcy Court, S.D. New York · 1989
- In Re Placid Oil Co.United States Bankruptcy Court, N.D. Texas · 1987
- In Re PriestleyUnited States Bankruptcy Court, D. New Mexico · 1988
- Philip Services Corp. v. Luntz (In Re Philip Services (Delaware) Inc.)United States Bankruptcy Court, D. Delaware · 2002
- In Re Monument Record Corp.United States Bankruptcy Court, M.D. Tennessee · 1986
3 more not listed; retrieve them via the Exa API.