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· 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 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.