· 3/30/2001
Pearl-Phil GMT (Far East) Ltd. v. Caldor Corp.
Citations
- 266 B.R. 575
- 45 Collier Bankr. Cas. 2d 1605
- 2001 U.S. Dist. LEXIS 3664
- 2001 WL 314637
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- contingent claim for breach of contract arose when purchase orders with debtor executed post-petition; possibility of future breach was within the presumed contemplation of contracting parties
- “[T]he clear weight of case law in this Circuit ... recognizes that contract-based bankruptcy claims arise at the time the contract is executed.”
- “[U]nder the Code, a right to payment need not be currently enforceable in order to constitute a claim.”
- “Certainly the possibility of a future breach is within the presumed contemplation of the contracting parties.”
- “[T]he clear weight of case law in this Circuit ... recognizes that contract-based bankruptcy claims arise at the time the contract is executed.”
- “Thus, under the Code, a right to payment need not be currently enforceable in order to constitute a claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Casey
Read full opinion on CourtListenerSourced 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.