Legal Opinion
Adventure Resources, Inc. v. Holland
Court of Appeals for the Fourth Circuit
Decided February 27, 1998No. 96-1557, 96-1938PublishedCited by 25 opinions
1Opinion of the Court
OPINION
K.K HALL, Senior Circuit Judge:
The primary question before us in this appeal is whether a debtor in bankruptcy operating under the aegis of Chapter 11 may, with regard to an executory contract in effect at the time of the filing of the petition for reorganization, continue to reap the benefits of its bargain without concern that the non-debtor party will be made whole for the debtor’s unfulfilled prepetition obligations. We hold, in accordance with the pronounce ment of the Supreme Court in NLRB v. Bildisco & Bildisco, that it may not.
I
A
The Adventure Group comprises forty-six…
2Cases cited22 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Norfolk & Western Railway Co. v. American Train Dispatchers' Ass'nSupreme Court of the United States · 1991
- In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
- In Re Lorber Industries Of California, Inc.Court of Appeals for the Ninth Circuit · 1982
- New Neighborhoods, Inc. v. West Virginia Workers' Compensation FundCourt of Appeals for the Fourth Circuit · 1989
17 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Pittston Company v. United StatesCourt of Appeals for the Fourth Circuit · 1999
- Devan v. Simon DeBartolo Group, L.P.Court of Appeals for the Fourth Circuit · 1999
- Century Indemnity Co. v. National Gypsum Co. Settlement Trust (In Re National Gypsum Co.)Court of Appeals for the Fifth Circuit · 2000
- In re National Gypsum Co.Court of Appeals for the Fifth Circuit · 2000
- Schnelling v. Crawford (In Re James River Coal Co.)United States Bankruptcy Court, E.D. Virginia · 2007
20 more not listed; retrieve them via the Exa API.