· 7/12/1990
United States of America, Department of the Air Force v. Carolina Parachute Corporation
Citations
- 907 F.2d 1469
- 116 B.R. 1469
- 17 Fed. R. Serv. 3d 102
- 23 Collier Bankr. Cas. 2d 620
- 36 Cont. Cas. Fed. 75,903
- 1990 U.S. App. LEXIS 11766
- 1990 WL 95661
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- once plan was confirmed, Government was free to terminate assumed contract for reasons other than prepetition default
- a debtor assumes an executory contract cum onere; a debtor may not assume the favorable aspects of a contract and reject the unfavorable aspects of the same contract
- “If state law grants more procedural rights than the Constitution would otherwise require, a state’s failure to abide by that law is not a federal due process issue.”
- “[A] debtor may not assume the favorable aspects of a contract . . . and reject the unfavorable aspects of the same contract.” (citation omitted and alteration in original)
- the automatic stay is lifted upon plan confirmation
Source: CourtListener parenthetical corpus (CC0).
Judges: Sprouse, Chapman, Wilkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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