Stewart Foods, Inc. v. Broecker (In re Stewart Foods, Inc.)
Court of Appeals for the Fourth Circuit
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
- Johnson v. Home State BankSupreme Court of the United States · 1991
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
- Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
- 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
- In Re Spectrum Information Technologies, Inc.United States Bankruptcy Court, E.D. New York · 1996
- In Re Jason Pharmaceuticals, Inc.United States Bankruptcy Court, D. Maryland · 1998
- In Re Camellia Food Stores, Inc.United States Bankruptcy Court, E.D. Virginia · 2002
- In Re McGeeUnited States Bankruptcy Court, D. Maryland · 2001
- In Re Exide TechnologiesUnited States Bankruptcy Court, D. Delaware · 2007
13 more not listed; retrieve them via the Exa API.