• An executory contract is a contract that has not yet been fully performed or fully executed. It is a contract in which both sides still have important...
    22 KB (3,152 words) - 01:52, 14 July 2025
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    circumstances. While a contract is being performed, it is called an executory contract, and when it is completed it is an executed contract: "performance may...
    243 KB (31,578 words) - 04:27, 6 July 2025
  • assume or reject executory contracts and unexpired leases. The trustee or debtor-in-possession must assume or reject an executory contract in its entirety...
    32 KB (3,666 words) - 15:44, 25 May 2025
  • needs to be recognized if the executory contract becomes onerous to the entity. An onerous contract is defined as a contract in which the unavoidable costs...
    6 KB (729 words) - 18:22, 19 April 2024
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    certain executory contracts and unexpired leases. For bankruptcy purposes, a contract is generally considered executory when both parties to the contract have...
    60 KB (7,532 words) - 18:20, 1 July 2025
  • interest is not guaranteed to vest. See James Smith et al., Property 371 (2nd ed. 2008). Executory contract Executory interest Rule against perpetuities...
    16 KB (2,536 words) - 15:54, 3 November 2023
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    for executory contracts of donation of anything but land is apparently to make sure that the donor has a serious intention to conclude the contract. The...
    237 KB (36,859 words) - 18:12, 15 May 2025
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    which property is being bequeathed. As for the sale of land under an executory contract, traditional case law agrees that ademption occurs upon the death...
    4 KB (642 words) - 02:09, 29 May 2025
  • Mission Product Holdings, Inc. v. Tempnology, LLC (category United States contract case law)
    debtor's rejection of an executory contract under Section 365 of the Bankruptcy Code has the same effect as a breach of that contract outside bankruptcy. Such...
    4 KB (293 words) - 16:27, 17 July 2025
  • lienable assets. In bankruptcy, some regions will interpret it as an executory contract that can be rejected, while others will treat it as a debt to be paid...
    10 KB (1,396 words) - 18:12, 26 September 2024
  • doctrine – Court amendment of a legal document Executory contract – Contract not fully performed or executed Executory interest – Right to property taking effect...
    32 KB (4,400 words) - 21:12, 24 May 2025
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    built in May 2022. On August 7, 2019, a "motion to reject lease or executory contract of JCPenney Properties, Inc." was filed out by Debtor Century III...
    26 KB (2,971 words) - 21:49, 23 June 2025
  • receipt of a benefit. You could revoke a promise, and the concept of an executory contract was unknown. Moreover, courts were more concerned with the fairness...
    3 KB (504 words) - 20:32, 14 July 2025
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    fortunes which resulted in bankruptcy makes the performance of an executory contract less valuable than its breach, the rational company would breach....
    27 KB (3,428 words) - 10:38, 2 June 2025
  • Consideration in English law (category English contract law)
    was an early case on the doctrine of consideration, concerning an executory contract where the plaintiff recovered damages for the loss of a bargain. Thomas...
    25 KB (3,515 words) - 05:36, 22 August 2024
  • insolvency officer and prevents insolvency officers from disclaiming executory contract obligations, as is allowed within certain jurisdictions such as the...
    23 KB (3,399 words) - 15:05, 12 October 2023
  • Thumbnail for Anticipatory repudiation
    Anticipatory repudiation (category Contract law)
    termination. However, anticipatory repudiation only applies to a bilateral executory contract with non-performed duties on both sides. Additionally, the repudiation...
    8 KB (1,125 words) - 09:27, 26 October 2023
  • Konstantinov. "Executory Contracts in Insolvency Law: The Russian Perspective". Jason Chuah and Eugenio Vaccari (eds). Executory Contracts in Insolvency...
    7 KB (914 words) - 09:59, 2 October 2023
  • Eviction Exclusive agency Exclusive right to sell Executed contract Execution Executor Executory contract Executrix Exempt – Grandfather clause that allows a...
    30 KB (2,408 words) - 16:05, 5 June 2025
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    poenitendi. In Roman law, the right of rescission or revocation of an executory contract on failure of the other party to fulfill his part of the agreement...
    49 KB (5,995 words) - 04:45, 20 February 2025
  • J's judgment accepted that a letter of intent could amount to an executory contract, but it did not in this case due to the negotiations being ongoing...
    4 KB (374 words) - 04:59, 17 March 2025
  • example, by performance or by the mutual consent of the parties. An executory contract of mandate may, however, generally be terminated by the unilateral...
    89 KB (14,859 words) - 09:48, 17 June 2025
  • Thumbnail for 2018 term United States Supreme Court opinions of Neil Gorsuch
    S. ___ (2019) bankruptcy law  • Chapter 11  • debtor rejection of executory contract 314 Nieves v. Bartlett 587 U.S. ___ (2019) First Amendment  • free...
    18 KB (47 words) - 10:28, 7 March 2025
  • Shori ni kansuru Hasan-Kanzai-Nin no Kenri oyobi Gimu" ["Treatment of Executory Contract under the Bankruptcy Code"], The Hikone Ronso 324 : 99–110 (2000)...
    9 KB (783 words) - 09:09, 11 March 2025
  • estates are the fee simple determinable, the fee simple subject to an executory limitation or interest, and the fee simple subject to a condition subsequent...
    5 KB (852 words) - 10:49, 7 November 2023
  • adversary proceedings against a party with whom the debtor had an executory contract, against whom it had a claim in tort, or to whom it made a preferential...
    3 KB (378 words) - 16:40, 25 April 2025
  • Thumbnail for 2018 term United States Supreme Court opinions of Elena Kagan
    S. ___ (2019) bankruptcy law  • Chapter 11  • debtor rejection of executory contract Roberts, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kavanaugh 208...
    11 KB (47 words) - 11:43, 16 October 2024
  • Thumbnail for 2018 term United States Supreme Court opinions of Sonia Sotomayor
    S. ___ (2019) bankruptcy law  • Chapter 11  • debtor rejection of executory contract 422 Nieves v. Bartlett 587 U.S. ___ (2019) First Amendment  • free...
    20 KB (47 words) - 10:15, 3 February 2025
  • Executive – Executive clemency – Executive privilege – Executor – Executory contract – Executory interest – executrix – Exegesis – Exemplary damages – Exempt –...
    111 KB (7,770 words) - 12:19, 16 July 2025
  • debtor's rejection of an executory contract under Section 365 of the Bankruptcy Code has the same effect as a breach of that contract outside bankruptcy. Such...
    9 KB (126 words) - 17:07, 17 July 2025