Otto Preminger Films, Ltd. v. Qintex Entertainment, Inc.’s Empirical Analysis
950 F.2d 1492 · 1991
Citation profile
15 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 53 later decisions — most recently September 2018 · most notably Stock West Corporation v. Taylor (1992), Krebs Chrysler-Plymouth, Inc. v. Valley Motors, Inc. (1998)
15 federal appellate · 1 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 Vandygriff v. Phillips · Hannahville Indian Community v. United States · National Labor Relations Board v. Bildisco & Bildisco · United States v. McConney · Rudman v. Cowles Communications, 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 363 of the Code allows a debtor to sell assets of the estate, after notice and a hearing, including a sale of substantially all the assets of the estate. 11 U.S.C. § 363 (b)(1). An executory contract does not become an asset of the estate until it is assumed pursuant to § 365(a) of the Code. See § 365(a); In re Tleel, 876 F.2d 769, 770 (9th Cir.1989) (“Unless and until rights under an exec-utory contract are timely and affirmatively assumed by the trustee, they do not become property of the debtor’s estate”). Therefore, the sale of Quintex’s assets will not include any contract that is executory unless Quintex first assumes the contract.”
1 later decision quote this exact passage · from the majority“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.”
1 later decision quote this exact passage · from the majoritye.g. Collins v. Wolf“We review applicable state law to help determine the status of a contract. State law controls both the question of breach and construction of a contract.”
1 later decision 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.