Rejection Of Executory Contracts

39 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Cochise Coll. Park, Inc. v. Perry
  703 F.2d 1339· 9th Cir.· 1983-03-11 ·cited 51×
  The court held that the bankruptcy court erred in granting summary judgment because the ownership of payments and the trustee's liability for misconduct depend on whether the land sale contracts were executory and when payments were made, issues requiring further factual determin
• Am. Anthracite & Bituminous Coal Corp. v. Leonardo Arrivabene, S.A.
  280 F.2d 119· 2d Cir.· 1960-06-13 ·cited 36×
  Claims for freight and demurrage under rejected executory contracts are not entitled to priority under § 64 of the Bankruptcy Act unless the contract was assumed or the estate received actual benefit.
• In re Bildisco v. Bildisco AND Bildisco
  682 F.2d 72· 3d Cir.· 1982-06-17 ·cited 30×
  A debtor-in-possession may reject a collective bargaining agreement as an executory contract, but must demonstrate that continuation of the agreement is burdensome and that rejection will assist in reorganization, requiring a careful balancing of equities. The NLRB erred in findi
• In re Chicago Rapid Transit Co. Chicago Junction R. Co. v. Sprague
  129 F.2d 1· 7th Cir.· 1942-06-30 ·cited 26×
  The court held that the actions of the receivers and trustees constituted a ratification of the lease, and the subsequent order to reject the lease while remaining in possession for the lessor's account was an inconsistent repudiation of the rental obligation, not a valid termina
• Local Joint Executive Bd., AFL-CIO v. Hotel Circle, Inc.
  613 F.2d 210· 9th Cir.· 1980-01-21 ·cited 24×
  A bankruptcy receiver cannot unilaterally assume or enter into long-term collective bargaining agreements without express court approval, and the Bankruptcy Act's provision for rejecting executory contracts applies to such agreements.
• In the Matters of Am. Nat'l Tr. & Republic Nat'l Tr. v. Loveless
  426 F.2d 1059· 7th Cir.· 1970-05-27 ·cited 22×
  The court held that while a Chapter X trustee can reject executory contracts, a reorganization court lacks summary jurisdiction to adjudicate adverse claims to property held by a third party, even if related to the contract rejection, unless the claimant consents.
• In re Alexander v. Alexander
  670 F.2d 885· 9th Cir.· 1982-03-04 ·cited 20×
  A deposit receipt sales agreement for real property remains an executory contract under the Bankruptcy Code even after the buyer tenders performance, and a Chapter 13 debtor can reject such a contract as part of their plan.
• In re the Select-A-Seat Corp. v. Silver
  625 F.2d 290· 9th Cir.· 1980-08-11 ·cited 20×
  The court held that the bankruptcy court properly exercised summary jurisdiction to reject the executory contract, and Fénix's arguments regarding jurisdiction and the contract's burden were unpersuasive.
• Fed's., Inc. v. Edmonton Inv. Co.
  555 F.2d 577· 6th Cir.· 1977-04-11 ·cited 20×
  A debtor's unexpired lease of real property remains an executory contract in a Chapter XI proceeding, and its liabilities are not discharged unless affirmatively rejected by the debtor.
• Workman v. Harrison
  282 F.2d 693· 10th Cir.· 1960-09-12 ·cited 20×
  The court held that the oral agreement for land development constituted a valid joint adventure, and the bankruptcy trustee's rejection of the executory contract was a breach for which damages are recoverable.
• In re Khalil and Shahin Chinichian v. Attilio Campolongo
  784 F.2d 1440· 9th Cir.· 1986-03-19 ·cited 18×
  A bankruptcy court can revoke a partially confirmed reorganization plan if the debtor proposed it in bad faith, even if the plan involved rejecting an executory contract.
• In re Jolly v. Still
  574 F.2d 349· 6th Cir.· 1978-04-13 ·cited 17×
  The court held that the rejection provisions of Chapter XIII of the Bankruptcy Act do not apply to contracts that have already been breached and reduced to a final judgment.
• In re Whitcomb & Keller Mortg. Co., Inc. v. Whitcomb & Keller Mortg. Co., Inc.
  715 F.2d 375· 7th Cir.· 1983-08-26 ·cited 15×
  The court held that a debtor in possession is entitled to a reasonable time to assume or reject an executory contract, and an injunction to maintain the status quo during this period does not constitute assumption.
• In re Innkeepers OF NEW Castle, Inc.
  671 F.2d 221· 7th Cir.· 1982-02-10 ·cited 12×
  The court held that the attorney's contingent fee contract was valid and enforceable, and the attorney's lien attached to the judgment proceeds, despite the client's subsequent bankruptcy filing. The bankruptcy court erred in disregarding the contract and imposing a reasonable fe
• In re Stadium Mgmt. Corp. v. Miller
  895 F.2d 845· 1st Cir.· 1990-02-08 ·cited 11×
  The court held that because the appellants failed to obtain a stay pending appeal, their objections to the sale and related motions are moot, as the sale of the debtor's assets has been completed.
• In re W. T. Grant Co. v. Alton Rinier
  620 F.2d 319· 2d Cir.· 1980-01-03 ·cited 11×
  Severance pay claims of former employees are entitled to first priority as costs and expenses of administration, and executory contracts are binding on a debtor-in-possession if it receives benefits under them.
• In re Minges v. Zelman-Appellee
  602 F.2d 38· 2d Cir.· 1979-06-28 ·cited 10×
  A Chapter XII trustee's rejection of executory lease provisions requires a showing of substantial or significant benefit to general creditors, not just potential benefit to secured creditors.
• In re Brady v. City OF Brady
  936 F.2d 212· 5th Cir.· 1991-07-24 ·cited 8×
  The court held that the bankruptcy court was required to give full faith and credit to the state court's judgment, even if erroneous, because the state court had jurisdiction and its decision was binding.
• Int'l Bhd. OF Teamsters v. IML Freight, Inc.
  789 F.2d 1460· 10th Cir.· 1986-04-30 ·cited 8×
  The court held that the bankruptcy judge and district court failed to make sufficient findings of fact to support the conclusion that the labor agreements should be rejected.
• In re Good Hope Chem. Corp.
  747 F.2d 806· 1st Cir.· 1984-11-07 ·cited 8×
  The court held that the actual date of contract rejection, not the bankruptcy petition filing date, determines the breach date for calculating currency conversion damages.
• In re Am. Magnesium Co. v. Am. Magnesium Co.
  488 F.2d 147· 5th Cir.· 1974-01-14 ·cited 8×
  The court held that the agreement was an executory contract that could be rejected in bankruptcy and that the assignment of assets constituted a sale triggering the termination clause.
• In re the Dania Corp. v. Reorganization
  400 F.2d 833· 5th Cir.· 1968-09-17 ·cited 8×
  The court held that the District Court properly exercised its authority under Section 116 of the Bankruptcy Act to order the sale of the debtor's assets and to reject an executory contract, even before a reorganization plan was submitted.
• In re Jackson Brewing Co. v. Herpel
  567 F.2d 618· 5th Cir.· 1978-01-30 ·cited 7×
  The court held that the reorganization court had the discretion to reject the option as a burdensome executory contract and properly exercised that discretion.
• In re Taylor v. Taylor
  913 F.2d 102· 3d Cir.· 1990-09-04 ·cited 6×
  A debtor-in-possession may reject an executory personal services contract under § 365 of the Bankruptcy Code, and the bankruptcy court's approval of such rejection is proper. The court also affirmed the denial of a motion to dismiss the bankruptcy petition.
• In re Aslan v. Sycamore Inv. Co.
  909 F.2d 367· 9th Cir.· 1990-07-19 ·cited 6×
  When a debtor rejects a non-assumed executory contract under 11 U.S.C. § 365(g)(1), the date of breach for damages calculation is the day immediately preceding the filing of the bankruptcy petition.
• In re Tilco, Inc. v. Mobil OIL Corp.
  558 F.2d 1369· 10th Cir.· 1977-06-23 ·cited 6×
  The court held that the bankruptcy court erred in denying the Trustee's application to reject executory gas contracts without an evidentiary hearing, as the Trustee had standing and the court must apply the business judgment test.
• In re King v. Baer
  482 F.2d 552· 10th Cir.· 1973-06-19 ·cited 6×
  The court held that the bankruptcy judge did not abuse discretion in permitting the rejection of executory contracts and that the IRS was not an indispensable party to the rejection hearing.
• In re R. HOE & Co., Inc. v. Kilsheimer
  508 F.2d 1126· 2d Cir.· 1974-12-17 ·cited 4×
  The court held that Abarta's claim for the additional premium paid to obtain delivery of a printing press was valid as a general unsecured claim in the Chapter X reorganization proceeding.
• Curtis B. Danning in Bankr. of Matador Bowl, Inc. v. Brunswick Corp.
  466 F.2d 1010· 9th Cir.· 1972-09-18 ·cited 4×
  The court held that summary judgments were properly granted because the trustee had no business to sell at the time of the sale, and the antitrust laws did not make the defendants' actions unlawful.
• In re Alfar Dairy, Inc. v. Alfar Dairy, Inc.
  458 F.2d 1258· 5th Cir.· 1972-04-25 ·cited 4×
• In re Maryvale Cmty. Hosp., Inc. v. Bratrud
  456 F.2d 414· 9th Cir.· 1972-02-11 ·cited 4×
  The court held that damages for a contract rejection under Chapter X of the Bankruptcy Act arise at the time of rejection, and cannot encompass alleged prior tortious conduct by a receiver.
• Seidle v. United States (In Re Airlift Int'l
  120 B.R. 597· S.D. Fla.· 1990-05-31 ·cited 2×
  The court held that IRS claims for Section 4971(a) taxes were not entitled to administrative priority because they arose from the rejection of an executory contract and were incurred pre-petition, and that these claims could be equitably subordinated as penalties.
• Borman's, Inc. v. Allied Supermarkets, Inc.
  706 F.2d 187· 6th Cir.· 1983-05-11 ·cited 2×
  An employer's interest in holding a competitor to the terms of a labor contract negotiated by a multiemployer bargaining unit need not be weighed when a bankruptcy court considers an application to disaffirm executory labor contracts.
• In re F.R. Murphy and Bonnie J. Murphy v. C & W Ltd. Corp.
  694 F.2d 172· 8th Cir.· 1982-12-08 ·cited 2×
  The court held that the bankruptcy court's award of damages for rejection of an executory contract was not clearly erroneous, even if based on rescission principles, as it approximated damages for breach.
• In re Samoset Assocs.
  654 F.2d 247· 1st Cir.· 1981-07-28 ·cited 2×
  The bankruptcy court had jurisdiction to bar Treadway from suing BIG in another forum because Treadway's claims were intertwined with the bankruptcy proceedings and the integrity of the judicial sale.
• In re Luscombe Eng'g Co., Inc.
  268 F.2d 683· 3d Cir.· 1959-06-24 ·cited 2×
  The court held that the trustee's transactions with Chrysler and Philco did not constitute an assumption of the bankrupt's original contracts, thus the secured creditor had no security interest in the funds generated from these transactions.
• In re Gould
  977 F.2d 1038· 7th Cir.· 1992-09-10
  The court held that the May 1989 order vacating the sale was a final order, and Fisher's failure to appeal it rendered his current challenges untimely. The court also found the bankruptcy court did not abuse its discretion in establishing rebidding procedures.
• In re James Hotel Co. v. Okla. BAR Co.
  464 F.2d 1199· 10th Cir.· 1972-08-08
  The court held that a lease executed shortly before bankruptcy proceedings, creating a competing business for the benefit of insiders to the detriment of the debtor and its creditors, was invalid as a fraud on creditors.