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← 670 F.2d 885 - Benevides v. Alexander

Benevides v. Alexander’s Empirical Analysis

670 F.2d 885 · 1982

Citation profile

111
cited by 111 later decisions
1
states following
June 2020
most recently cited

20 federal appellate · 2 district · 1 state decisions

How this case has been cited

Cited by 111 later decisions — most recently June 2020 · most notably Cochise College Park Inc Hall v. Perry B-72-393 Phx Wpc (1983), In Re Khalil and Shahin Chinichian, Debtors. Khalil and Shahin Chinichian v. Attilio Campolongo (1986)

20 federal appellate · 2 district · 1 state decisions

65019821990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on In Re Terrence A. Knutson, Bankrupt. Northwest Airlines, Inc. v. Edward F. Klinger, Trustee in Bankruptcy and Terrence A. Knutson · Bankers Trust Co. v. Gibbons · Stone v. Burke · In Re Sun Ray Bakery, Inc.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[A] contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete the performance would constitute a material breach excusing the performance of the other.”
    18 later decisions quote this exact passage · from the majority
  2. “Though there is no precise definition of what contracts are executory, it generally includes contracts on which performance remains due to some extent on both sides.”
    7 later decisions quote this exact passage · from the majority
  3. “(b) Subject to subsections (a) and (c) of this section, the plan may— (7) subject to section 365 of this title, provide for the assumption, rejection, of assignment of any executory contract or unexpired lease of the debt- or not previously rejected under such section.”
    3 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.