11 U.S.C. § 744
Executory contracts
Notwithstanding section 365(d)(1) of this title, the trustee shall assume or reject, under section 365 of this title, any executory contract of the debtor for the purchase or sale of a security in the ordinary course of the debtor’s business, within a reasonable time after the date of the order for relief, but not to exceed 30 days. If the trustee does not assume such a contract within such time, such contract is rejected.
Notes of Decisions
Cited in 13
cases, 1951–2020 · leading case: In the Matter of Emergency Beacon Corp., Debtor. Montco, Inc. v. Harvey S. Barr, 666 F.2d 754 (2d Cir. 1981).
In the Matter of Emergency Beacon Corp., Debtor. Montco, Inc. v. Harvey S. Barr, 666 F.2d 754 (2d Cir. 1981). “, to issue a certificate of indebtedness to Monteo” pursuant to § 344 of the Bankruptcy Act, 11 U.S.C. § 744 (1976). 1 The court stated that any such motion would be held “in abeyance because that’s going to be subject to question, also,” and ruled that no action on the matter…”
Nicholas v. United States, 384 U.S. 678 (1966). “See also Weintraub & Levin, Practical Guide to Bankruptcy and Debtor Relief 185-186 (1964). [16] On the basis of statistics in the Brief of the United States submitted in this case, it appears that significant numbers of Chapter XI proceedings terminate in bankruptcy.”
In Re Dunckle Assocs., Inc., 19 B.R. 481 (Bankr. E.D. Pa. 1982). “11 U.S.C. § 744 (1938) (repealed). 12 In denying the debtor’s application for a super priority lien, the court states: “[T]he bankruptcy court must not subordinate secured parties in the broad interest of increasing the value of the asset so that all creditors may ultimately…”
In re Chicago Constr. Specialties, Inc., 510 B.R. 205 (Bankr. N.D. Ill. 2014). “All of the debtor’s executory contracts are rejected as a matter of law, 11 U.S.C. § 744 , and as the debtor receives no discharge in a chapter 7 case, the fresh start policy concerns underlying a traditional chapter 11 or 13 case are not present.”
In Re Emergency Beacon Corp., 27 B.R. 757 (Bankr. S.D.N.Y. 1983). “However, counsel for the debtor also requested authority to issue a certificate of indebtedness to Montmartco pursuant to § 344 of the former Bankruptcy Act, 11 U.S.C. § 744 . By issuing the certificate, the debtor hoped to stave off foreclosure by Montmartco.”
Taylor v. Albany Gov't Employees Fed. Credit Union (In Re Taylor), 146 B.R. 41 (M.D. Ga. 1992). “11 U.S.C. § 744 . 4 . The surrender portion of § 521 is not at issue in this appeal and the court will not address it in this order.”
In Re of Oceana Int'l, Inc., 376 F. Supp. 956 (S.D.N.Y. 1974). “11 U.S.C. § 744 (1970). 13 . 11 U.S.C. § 777 (1970).”
Weems v. Scandia Builders, Inc., 446 F. Supp. 115 (N.D. Ga. 1978). “11 U.S.C. § 744 . Clearly, the specific language of this section grants to the bankruptcy court the authority to issue certificates of indebtedness.”
In Re Delaware Hosiery Mills, Inc. Appeal of Nw. Nat. Bank in Philadelphia, 202 F.2d 951 (3rd Cir. 1953). “11 U.S.C.A. § 744 . It provides as follows: “During the pendency of a proceeding for an arrangement, or after the confirmation of the arrangement where the court has retained jurisdiction, the court may upon cause shown authorize the receiver or trustee, or the debtor in…”
Matter of Alan Wood Steel Co., 437 F. Supp. 949 (E.D. Pa. 1977). “11 U.S.C. § 744 (1970) (emphasis added). We interpret this section to require the Bankruptcy Court to make specific findings based upon the clearest evidence that there is “cause” for the issuance of the Certificates of Indebtedness.”
White Chem. Co. v. Henry Moradian, Receiver in Bankr. of Cal-Zona Farms, a Corp., & Henry Moradian, Tr. in Bankr., 417 F.2d 1015 (9th Cir. 1969). “Section 344 of the Bankruptcy Act ( 11 U.S.C. § 744 ) provides: “During the pendency of a proceeding for an arrangement, or after the confirmation of the arrangement where the court has retained jurisdiction, the court may upon cause shown authorize the receiver or trustee, or…”
Goggin v. Bank of Am. Nat. Trust & Sav. Ass'n, 186 F.2d 158 (9th Cir. 1951). “For example, the court could continue, to issue certificates of indebtedness pursuant "to § 344, 11 U.S.C.A. § 744 , or to supervise the performance of the provisions of the arrangement pursuant to § 357(7), 11 U.”
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