Legal Opinion

In Re Owen-Johnson

United States Bankruptcy Court, S.D. California

Decided June 7, 1990No. 19-00360PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is whether this court may “abstain” from determining the threshold question of the existence of a contract in connection with a motion to reject an exec-utory contract, where there is a pending state court action, set for trial, which shall determine the existence of a contract. 1

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and General Order No. 312-D of the United States District Court, Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A).

FA…

2Cases cited3 opinions

  1. Taxel v. Commercebank (In Re World Financial Services Center, Inc.)United States Bankruptcy Court, S.D. California · 1986
  2. In Re World Financial Services Center, Inc.United States Bankruptcy Court, S.D. California · 1987
  3. Texscan Corp. v. Commercial Union Insurance (In Re Texscan Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989

3Cited by6 opinions

  1. In Re MazzoconeUnited States Bankruptcy Court, E.D. Pennsylvania · 1995
  2. In re EfronUnited States Bankruptcy Court, D. Puerto Rico · 2014
  3. In Re Bfw Liquidation, LLCUnited States Bankruptcy Court, N.D. Alabama · 2011
  4. Transcolor Corp. v. Cerberus Partners, L.P. (In Re Transcolor Corp.)United States Bankruptcy Court, D. Maryland · 2001
  5. In Re Owen-JohnsonUnited States Bankruptcy Court, S.D. California · 1990

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