Terrell v. Albaugh’s Empirical Analysis
892 F.2d 469 · 1989
Citation profile
5 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 61 later decisions — most recently May 2019 · most notably Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.) (1992), Columbia Gas System Inc v. United States Irs E (1995)
5 federal appellate · 4 district · 1 state decisions
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 Avis Rent A Car System, Inc. v. City of Chicago · Cochise College Park Inc Hall v. Perry B-72-393 Phx Wpc · In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii Trustee · In Re Booth · Mitchell v. Streets
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“obligations of both the bankrupt and the other party to a contract are so far unperformed that the failure of either to complete performance would constitute material breach, excusing the performance of the other.”
8 later decisions quote this exact passage · from the majoritye.g. Lawson v. G G G · In Re Eyke““the question of the legal consequences of one party’s failure to perform its remaining obligations under a contract is an issue of state contract law. While the principles of contract law do not differ greatly from one jurisdiction to another, to the extent they do, a bankruptcy court should determine whether one of the parties’ failure to perform would give rise to a ‘material breach’ excusing performance by the other party under the contract law applicable to the contract ...””
4 later decisions quote this exact passage · from the majority“[t]he Bankruptcy Code does not explicitly define the term 'executory contract,’ ” courts have adopted”
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.