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executory contract and bankruptcy

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 240 U.S. 581 - Central Trust Co. v. Chicago Auditorium Ass'n · 1916Most cited · 140 citing opinions

The parties to a contract which is wholly executory have a right to the maintenance of the contractual relations up to the time for performance, as well as to a performance of the contract when due. It must be deemed an implied term of every contract that the promisor will not permit himself, through insolvency or acts of bankruptcy, to be disabled from making performance. Proceedings, whether voluntary or involuntary, resulting in an adjudication of bankruptcy, are the equivalent of an anticipatory breach of an executory agreement.

How often courts cite the case defining “executory contract and bankruptcy”

1910192019401960198020002020198

Court decisions citing the opinion that defined “executory contract and bankruptcy” — 488 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.