Legal Opinion
Matter of Cox
United States Bankruptcy Court, D. Idaho
Decided April 1, 1983No. 14-20386PublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM DECISION
MERLIN S. YOUNG, Bankruptcy Judge.
This matter is before the court upon the motion of a vendor in a real estate sales contract to require the trustee of the debtor vendee’s estate to assume or reject the real estate contract. Trustee takes the position that the contract is not an executory contract subject to the provisions of § 365 of the Bankruptcy Code.
The contract in question is a typical contract frequently used in land sale transactions in Idaho. Part of the purchase price is paid to vendor on execution of the contract and the balance is payable in installments. At the…
2Cases cited7 opinions
- In Re Dorothy Thelma Alexander, Debtor. Ronald R. Benevides and Karole L. Benevides v. Dorothy Thelma AlexanderCourt of Appeals for the Ninth Circuit · 1982
- Graves v. CupicIdaho Supreme Court · 1954
- In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
- Walker v. NunnenkampIdaho Supreme Court · 1962
- In Re Gladding Corp.United States Bankruptcy Court, D. Massachusetts · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
- In Re NorquistUnited States Bankruptcy Court, E.D. Washington · 1984
- Horton v. Rehbein (In Re Rehbein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- Fox v. Hill (In Re Fox)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Shaw v. Dawson (In Re Shaw)District Court, D. New Mexico · 1985
22 more not listed; retrieve them via the Exa API.