Legal Opinion

In Re Monge Oil Corp.

United States Bankruptcy Court, E.D. Pennsylvania

Decided March 7, 1988No. 19-11046PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

The trustee in this chapter 11 case has filed a motion to reject an executory contract. This motion is opposed by Merrill, Lynch, Pierce, Fenner and Smith (Merrill Lynch), the other party to the contract, on the ground that there is no executory contract to reject within the meaning of 11 U.S.C. § 365. The official committee of unsecured creditors supports the trustee’s motion. For reasons which I will elaborate, I will deny this motion to reject. However, this decision will not resolve the true dispute between the parties, which is the…

2Cases cited18 opinions

  1. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  2. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  3. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  4. Group of Institutional Investors v. Chicago, M., St. P. & P.R. Co., and 9 Other CasesSupreme Court of the United States · 1943
  5. Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985

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3Cited by10 opinions

  1. Allentown Ambassadors, Inc. v. Northeast American Baseball, LLC (In Re Allentown Ambassadors, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2007
  2. Rooster, Inc. v. Raphael Roy, S.R.L. (In Re Rooster, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1991
  3. In Re Monroe Well Service, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
  4. Madison Foods, Inc. v. Fleming Companies, Inc. (In Re Fleming Companies, Inc.)United States Bankruptcy Court, D. Delaware · 2005
  5. Guy C. Long, Inc. v. Park Plaza Development Corp. (In Re Guy C. Long, Inc.)District Court, E.D. Pennsylvania · 1988

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