HARLAN PAGE CONFER and CHARLOTTE CLUFF CONFER
Opinion
Trial Court Opinion
NOT FOR PUBLICATION 2 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA 5 In re: Case No. 21-20167-A-13 7 HARLAN PAGE CONFER III and BHS-1 CHARLOTTE CLUFF CONFER, MEMORANDUM Debtors.
15 Argued and submitted on May 18, 2021 16 at Sacramento, California 17 Honorable Fredrick E. Clement, Bankruptcy Judge Presiding
19 Appearances: Michael O'Dowd Hays for Harlan Page Confer III and Charlotte Cluff Confer; Barry H. Spitzer for Jacob Watson and James Watson; 21 Kristen Koo for David P. Cusick, Chapter 13 trustee 22 23 24 25 26 27 Executory contracts may be rejected in Chapter 13. One day before a foreclosure sale, octogenarian sellers contracted to sell their home for one-half its value. Buyers have not yet paid the purchase price; sellers have not conveyed title and remain in possession. Sellers filed Chapter 13 and confirmed a plan rejecting all executory contracts. Buyers move for stay relief to prosecute a specific performance action for the sale contract. …