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IN RE COORDINATED FINANCIAL PLANNING CORP.

BAP No. EC-85-1219-AsVE, Bankruptcy No. 285-00639-W-11.

65 B.R. 711 (1986)

In re COORDINATED FINANCIAL PLANNING CORPORATION, a California Corporation, Debtor(s). Richard STEFFAN, trustee for Coordinated Financial Planning Corporation, Appellant(s), v. Thomas G. McMILLAN and Johhny Ribeiro, Appellee(s).

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided September 16, 1986.

Attorney(s) appearing for the Case

Lawrence B. Dashiell, Carol D. Mills, Russell, Jarvis, Estabrook & Dashiell, Sacramento, Cal., for appellants.

R. Dale Ginter, Weintraub, Genshlea, Hardy, Erich & Brown, Sacramento, Cal., for appellee(s).

Before ASHLAND, VOLINN and ELLIOTT, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge.

The trustee challenges the conclusion of the bankruptcy court that a right of first refusal for the purchase of real property is a covenant running with the land and is not subject to rejection as an executory contract pursuant to 11 U.S.C. § 365.

FACTS

Ronald and Krystyn Morrow (Morrows) were the principal shareholders of debtor Coordinated Financial Planning...

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