Legal Opinion
In Re Rancho Chamberino, Inc.
United States Bankruptcy Court, W.D. Texas
Decided July 15, 1987No. 19-30237PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
LARRY E. KELLY, Bankruptcy Judge.
This Chapter 12 case involves the difficult issue of whether a contract for deed, in which the Debtor is vendee, should be deemed an executory contract under Section 365 or a mortgage which can be dealt within a plan of reorganization. This issue is raised by Movant’s Motion to Dismiss Chapter 12 Proceedings, or in the Alternative, for an Order Declaring that Executory Contract was not Lawfully Assumed and is not Property of the Estate, or in the Alternative, for Order Requiring Debtor to Cure all Arrearages on Executory Contract.
ISSUES…
2Cases cited23 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- In Re Dorothy Thelma Alexander, Debtor. Ronald R. Benevides and Karole L. Benevides v. Dorothy Thelma AlexanderCourt of Appeals for the Ninth Circuit · 1982
- In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
- Shay v. PenroseIllinois Supreme Court · 1962
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3Cited by3 opinions
- In Re McDanielUnited States Bankruptcy Court, E.D. Washington · 1988
- Sleepy Valley, Inc. v. Leisure Valley, Inc. (In Re Sleepy Valley, Inc.)United States Bankruptcy Court, W.D. Texas · 1988
- Rancho Chamberino, Inc. v. B.F.W. Enterprises, Inc. (In Re Rancho Chamberino, Inc.)District Court, W.D. Texas · 1987