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The Bankruptcy StrategistFeaturesBankruptcyContractsLitigation

Bankruptcy Court Rules Contract to Produce Documentary Was Not a Personal Services Contract

By Andrew C. Kassner and Joseph N. Argentina Jr.
October 01, 2023

Bankruptcy courts continue to adjudicate disputes regarding Section 365 of the Bankruptcy Code, which addresses the disposition of executory contracts between the debtor and third parties. And we continue to report on developments in this area. Often the issue involves whether the contract is an executory contract that is subject to being assumed and assigned.

Other times the dispute involves whether an exception exists to the general rule that executory contracts can be assumed. Section 365(c)(1) of the code provides an exception where applicable law excuses a party from accepting or rendering performance to an entity other than the debtor.

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