Legal Opinion
Speck v. First National Bank of Sioux Falls
District Court, D. South Dakota
Decided October 9, 1985No. CIV85-3055PublishedCited by 12 opinions
1Opinion of the Court
ORDER
DONALD J. PORTER, Chief Judge.
Debtors have appealed from an order of the bankruptcy court, dated July 3, 1985, 50 B.R. 307, which held that the debtors’ contract for sale of land with First National Bank is an executory contract and must be assumed or rejected under § 365 of the Bankruptcy Code. 11 U.S.C. § 365 (1982). The parties agree that the question of whether a contract for deed is an executory contract or security agreement is governed by state law. See Butner v. United States, 440 U.S. 48, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979); In re Britton, 43 B.R. 605 (Bankr.E.D.Mich.1984). An…
2Cases cited5 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re Terrence A. Knutson, Bankrupt. Northwest Airlines, Inc. v. Edward F. Klinger, Trustee in Bankruptcy and Terrence A. KnutsonCourt of Appeals for the Eighth Circuit · 1977
- Chapman v. Britton (In Re Britton)United States Bankruptcy Court, E.D. Michigan · 1984
- In Re SpeckUnited States Bankruptcy Court, D. South Dakota · 1985
- Walsh v. BellamySouth Dakota Supreme Court · 1942
3Cited by12 opinions
- Speck v. First National BankCourt of Appeals for the Eighth Circuit · 1986
- In Re BuchertUnited States Bankruptcy Court, N.D. Illinois · 1987
- In Re BertelsenUnited States Bankruptcy Court, C.D. Illinois · 1986
- In Re HoweUnited States Bankruptcy Court, D. South Dakota · 1987
- In Re FaimanUnited States Bankruptcy Court, D. North Dakota · 1987
7 more not listed; retrieve them via the Exa API.