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· 8/31/1988

Counties Contracting and Construction Company, Debtor-In-Possession v. Constitution Life Insurance Company

Citations

  • 855 F.2d 1054
  • 96 A.L.R. Fed. 683
  • 1988 U.S. App. LEXIS 11850
  • 18 Bankr. Ct. Dec. (CRR) 489
  • 1988 WL 89662

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that S 108(b) pertains to payment of insurance policy premium during grace period, \an act necessary to continue the policy in effect\
  • “A contract may not be assumed under § 365 if it has already expired according to its terms.”
  • automatic stay did not prohibit lapse of insurance policy under contractual and statutory grace period
  • “It is axiomatic that before 11 U.S.C. § 365 can apply a contract must exist. If a contract has expired by its own terms then there is nothing left to assume or reject.”
  • property of estate includes liquor license even where debtor delinquent in tax payments
  • statutory grace period for payment of life insurance premiums not stayed

Source: CourtListener parenthetical corpus (CC0).

Judges: Mansmann, Scirica, Wen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.