Legal Opinion

Stewart Foods, Inc. v. Broecker (In re Stewart Foods, Inc.)

Court of Appeals for the Fourth Circuit

Decided August 24, 1995No. 94-1100PublishedCited by 18 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge NIEMEYER and Judge MICHAEL joined.

*143OPINION

DONALD RUSSELL, Circuit Judge:

This case requires this Court to decide a discrete issue of bankruptcy law: whether a debtor’s obligation to pay money under a nonexecutory contract remains a continuing obligation on the debtor after the bankruptcy filing, or simply gives the creditor a claim against the bankrupt estate. The bankruptcy court and district court both concluded that the debtor’s obligation under a non-executory contract remained a continuing…

2Cases cited11 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  3. Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
  4. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
  5. Grady v. A.H. Robins Co.Court of Appeals for the Fourth Circuit · 1988

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In Re Spectrum Information Technologies, Inc.United States Bankruptcy Court, E.D. New York · 1996
  2. In Re Jason Pharmaceuticals, Inc.United States Bankruptcy Court, D. Maryland · 1998
  3. In Re Camellia Food Stores, Inc.United States Bankruptcy Court, E.D. Virginia · 2002
  4. In Re McGeeUnited States Bankruptcy Court, D. Maryland · 2001
  5. In Re Exide TechnologiesUnited States Bankruptcy Court, D. Delaware · 2007

13 more not listed; retrieve them via the Exa API.

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