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· 3/7/1996

Federal Case

Citations

  • 78 F.3d 1169
  • 35 Collier Bankr. Cas. 2d 637
  • 1996 U.S. App. LEXIS 3959
  • 28 Bankr. Ct. Dec. (CRR) 933

How courts have described this case

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

  • stating “Section 547 and § 365 are mutually exclusive avenues for a trustee”
  • chapter 7 trustee was barred by doctrine of equitable estoppel from arguing that bankruptcy court erred in entering assumption order during superseded chapter 11 case
  • “[T]he language of § 365(b)(1) is unequivocal. A party to an executory contract must be paid all amounts due him under the contract before the contract may be assumed.”
  • trustee cannot argue to overturn contracts entered into by predecessor in interest

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.