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· 7/16/1976

In the Matter of Commodity Merchants, Inc., Bankrupt. Harper C. Allan, as Trustee in Bankruptcy v. Archer-Daniels-Midland Co.

Citations

  • 538 F.2d 1260
  • 9 Collier Bankr. Cas. 2d 379
  • 1976 U.S. App. LEXIS 8000

How courts have described this case

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

  • stating that if the terminated contracts had been assignable, perhaps the cancellation of them would have been an avoidable transfer
  • “The bankruptcy trustee no longer seriously argues that the contracts were executory . . The purchase contract had already been breached by CMI.”
  • commodities trading agreements cancelled as a result of debt- or’s inability to fulfill its obligations because of its financial difficulties
  • \The essence of a transfer is the relinquishment of a valuable property right.\
  • Commodities futures contracts between the parties were cancelled pursuant to a contractual provision prior to the filing of a petition in bankruptcy and thus were not capable of being assumed by the Trustee under Section 70(b) of the former Bankruptcy Act
  • Section 70(b) of the Act

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Bauer, Jameson

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.