In re Conco, Inc.

(Bankr. W.D. Ky. Nov. 13, 2014)

The bankruptcy court denies the creditor’s motion for declaratory relief. The creditor sought a declaration that another interested party had no basis to object to the chapter 11 debtor’s stock being transferred to the creditor and that the creditor could provide adequate assurance of future performance of certain executory contracts with the debtor. The court declines to exercise jurisdiction over the issues raised in the motion, as they do not present an actual controversy. The creditor had not made an offer to purchase the stock nor had it proposed a competing plan. Opinion below.

2014-11-13 – in re conco

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