MATTER OF HEARTLINE FARMS, INC.

Bankruptcy No. BK89-40303.

116 B.R. 694 (1990)

In the Matter of HEARTLINE FARMS, INC., Debtor.

United States Bankruptcy Court, D. Nebraska.

January 16, 1990.


Attorney(s) appearing for the Case

Vard R. Johnson, Omaha, Neb., for Heartline Farms, Inc.

Daniel A. Fullner, Madison, Neb., for John Daly, Personal Representative of the Agnes L. Stokes Estate, deceased, movant.


MEMORANDUM OPINION

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

The issues before the court are whether a Nebraska land contract is executory under 11 U.S.C. § 365 and whether an anti-assignment clause in the land contract is enforceable. I conclude that the anti-assignment clause is not enforceable and that the land contract is an executory contract under § 365.

FACTS

The debtor, Heartline Farms, Inc. is an assignee of the vendee...

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