Legal Opinion
In Re Fitch
United States Bankruptcy Court, S.D. Illinois
Decided November 1, 1994No. 19-60051PublishedCited by 13 opinions
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Bankruptcy Judge.
The question presented by this case is whether an installment contract for the sale of a business to the debtors is an executory contract assumed by the debtors under § 365 or whether it constitutes a financing device granting the seller a secured claim that may be modified in the debtors’ Chapter 12 plan.
Approximately a year prior to bankruptcy, debtors Larry and Linda Fitch entered into an agreement to purchase a meat-processing business and its underlying assets, consisting of real and personal property, from owner Bill Smith. The contract, dated…
2Cases cited9 opinions
- In Re Streets & Beard Farm Partnership, Debtor. Loren and Doris Mitchell v. David Streets, Shari Streets, Fred Beard, and Reynolds M. Everett, TrusteeCourt of Appeals for the Seventh Circuit · 1989
- In Re William Terrell and Tammy Terrell, Debtors. William Terrell and Tammy Terrell v. Eugene Albaugh, United States of America, IntervenorCourt of Appeals for the Sixth Circuit · 1989
- In Re NorquistUnited States Bankruptcy Court, E.D. Washington · 1984
- Russell v. Jim Russell Supply, Inc.Appellate Court of Illinois · 1990
- Fitch v. MillerIllinois Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Samson v. Prokopf (In Re Smith)United States Bankruptcy Court, S.D. Illinois · 1995
- American President Lines, Ltd. v. Lykes Bros. SteamshipDistrict Court, M.D. Florida · 1996
- Munao v. LagattutaAppellate Court of Illinois · 1998
- In Re Exide TechnologiesUnited States Bankruptcy Court, D. Delaware · 2007
- In Re Penn Traffic Co.United States Bankruptcy Court, S.D. New York · 2005
8 more not listed; retrieve them via the Exa API.