Legal Opinion

In Re Edwards

United States Bankruptcy Court, W.D. Missouri

Decided April 17, 1992No. 18-42874PublishedCited by 7 opinions

1Opinion of the Court

ORDER DISMISSING CASE AND SETTING SUPERSEDEAS BOND FOR STAY PENDING APPEAL

KAREN M. SEE, Bankruptcy Judge.

The issues are: whether this Chapter 11 case should be dismissed as a bad faith filing; and if the case is not dismissed, whether debtor can reject as an executory contract a stock purchase contract, which was held to contain a valid non-competition clause, in a state court judgment entered before the bankruptcy filing.

After reviewing the evidence, file and arguments of counsel, the court finds: the Chapter 11 case was not filed in good faith and should be dismissed; and since the case is…

2Cases cited3 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  3. In Re Reiser Ford, Inc.United States Bankruptcy Court, E.D. Missouri · 1991

3Cited by7 opinions

  1. In Re SlettelandUnited States Bankruptcy Court, S.D. New York · 2001
  2. In Re MauriceUnited States Bankruptcy Court, N.D. Illinois · 1994
  3. Mueller v. Sparklet Devices, Inc. (In Re Sparklet Devices, Inc.)United States Bankruptcy Court, E.D. Missouri · 1993
  4. In Re PaoliniUnited States Bankruptcy Court, E.D. Virginia · 2004
  5. In Re Crown Financial, Ltd.United States Bankruptcy Court, M.D. North Carolina · 1995

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