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A Failure to Assume

This article discusses the "ride-through" doctrine, which courts have developed to resolve the ambiguity resulting from a debtor's failure to assume or reject an executory contract under ' 365 prior to plan confirmation.

20 minute read February 27, 2011 at 07:55 AM
By
By Bruce Buechler
A Failure to Assume

In most Chapter 11 cases, the debtor (or trustee if one is appointed), either prior to or in connection with plan confirmation, will move to assume or reject its executory contracts, unexpired leases, or both (collectively “executory contracts”) pursuant to ' 365 of the Bankruptcy Code.

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