· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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