Legal Opinion
In Re Monument Record Corp.
United States Bankruptcy Court, M.D. Tennessee
Decided June 5, 1986No. Bankruptcy 383-00747PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The issue presented is whether a recording contract is an “executory contract” within the meaning of 11 U.S.C. § 365 (1982 ed., Supp. II 1984) where by subsequent agreement the parties have terminated the performer’s obligations and the record company’s only remaining responsi bility is to pay royalties. I hold that this “terminated” recording contract has been fully performed by one party and is no longer executory.
The following constitute findings of fact and conclusions of law. Bankruptcy Rule 7052. This is a core proceeding. 28 U.S.C. §…
2Cases cited14 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
- In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
- In the Matter of Whitcomb & Keller Mortgage Co., Inc., Debtor. Data-Link Systems, Inc. v. Whitcomb & Keller Mortgage Co., Inc.Court of Appeals for the Seventh Circuit · 1983
- In Re the Select-A-Seat Corporation, an Arizona Corporation, Debtors. Fenix Cattle Company v. Warren M. Silver, TrusteeCourt of Appeals for the Ninth Circuit · 1980
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re BlumanUnited States Bankruptcy Court, E.D. New York · 1991
- In Re Monroe Well Service, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re DrakeUnited States Bankruptcy Court, D. Massachusetts · 1992
- Huntington National Bank Co. v. Alix (In Re Cardinal Industries, Inc.)United States Bankruptcy Court, S.D. Ohio · 1992
- Matter of TaylorUnited States Bankruptcy Court, D. New Jersey · 1988
7 more not listed; retrieve them via the Exa API.