Legal Opinion
RCC Technology Corp. v. Sunterra Corp.
District Court, D. Maryland
Decided January 10, 2003No. CIV. JFM-02-2539PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM
MOTZ, District Judge.
This is an appeal from an order of the Bankruptcy Court denying the motion filed by Resort Computer Corporation (“RCC”) to “deem rejected” a Software License Agreement (“SLA”) between it and the debtor, Sunterra Corporation. I will affirm the order, albeit it on grounds different from those articulated by the Bankruptcy Court. This memorandum briefly states the reasons for my ruling. 1
A. Is the SLA an Executory Contract?
The Bankruptcy Court found that the SLA is not an executory contract. If the Bankruptcy Court had been writing on a clean slate, there might be…
2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Patterson v. ShumateSupreme Court of the United States · 1992
- In the Matter of West Electronics Inc. Appeal of United States of America, by the United States Air ForceCourt of Appeals for the Third Circuit · 1988
- In Re LavigneCourt of Appeals for the Second Circuit · 1997
- Washington Homes, Inc. v. Interstate Land Development Co.Court of Appeals of Maryland · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra CorporationCourt of Appeals for the Fourth Circuit · 2004
- Middlebrook Tech, LLC v. MooreCourt of Special Appeals of Maryland · 2004
- Resort Condominium International, LLC v. Sunterra Corp. (In Re Sunterra Corp.)District Court, D. Maryland · 2003