Legal Opinion

Smith v. Oliver Heights, LLC

Court of Appeals of Kansas

Decided September 6, 2013No. 108,758PublishedCited by 1 opinion

1Opinion of the Court

Bruns, J.:

Oliver Heights, LLC entered into an installment contract for of real estate with James and Sharon Smith. Less than 2 years later, Oliver Heights filed for Chapter 11 bankruptcy, and a reorganization plan was confirmed by the bankruptcy court. Subsequently, the Smiths filed a foreclosure action in state court alleging that Oliver Heights defaulted under the terms of both the installment contract and the reorganization plan.

After a bench trial, the district court found that Oliver Heights was in default, that the Smiths had given adequate notice of the default to Oliver Heights, and…

2Cases cited23 opinions

Paul v. MontsCourt of Appeals for the Tenth Circuit · 1990
Ernst & Young LLP and Charles J. Roach v. Baker O'Neal Holdings, Inc., and American Public Automotive Group, Inc.Court of Appeals for the Seventh Circuit · 2002
In Re Shenango Group Inc.Court of Appeals for the Third Circuit · 2007
In the Matter of Elcona Homes Corporation, Debtor-Appellant. Green Tree Acceptance, Inc.Court of Appeals for the Seventh Circuit · 1988
In Re ErnstUnited States Bankruptcy Court, D. Minnesota · 1985

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3Cited by1 opinion

Tonn Family Ltd Ag. Ptnshp. v. Western Ag. Ins. Co.Court of Appeals of Kansas · 2021