In hypertechnical terms (which are the terms bankruptcy courts tend to think in), paying cash for a pack of gum will form a contract with many pages of terms implied from both the Uniform Commercial Code and the circumstances of the transaction. Your unfulfilled parts order is a contract for the purchase of the parts and you have performed at least the payment term of the contract, while Van's has not performed the getting-you-the-parts term.Re Bucket 3 per DOCJJRMD…….. VANS did indeed ask and receive funds (in full) by some means for parts orders, (which in my case included a couple of back ordered items) and that was a condition of in fact placing the order, ie no money, “your order isn’t going to be processed” So as far as I’m concerned there definitely is (or was) a contract for my outstanding order. Guess I’m not the only one who has paid the previous full price for parts orders.
But that's what bankruptcy is all about: extinguishing obligations that the debtor cannot perform. And Chapter 11 is all about giving the debtor and creditors an opportunity to renegotiate the obligations in a way that will allow the debtor to regain solvency going forward.