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Assumption of Executory Contracts in Chapter 11

2021年12月15日

As a copy editor, it`s important to understand the legal jargon used in various industries. One such industry is bankruptcy law, specifically Chapter 11. In this article, we`ll discuss the assumption of executory contracts in Chapter 11 and how it affects businesses.

First, let`s define some terms. An executory contract is a contract where both parties have not fully performed their obligations. In bankruptcy cases, these contracts can be assumed or rejected by the debtor (the company in bankruptcy) and the bankruptcy court.

Assumption of an executory contract means that the debtor wants to continue with the contract and will perform its obligations under the contract. This can be beneficial for the debtor if the contract is profitable or important for its business operations. It can also be beneficial for the other party to the contract, as they will receive the benefits of the contract.

On the other hand, rejection of an executory contract means that the debtor does not want to continue with the contract and will not perform its obligations under the contract. This can be detrimental to the other party to the contract, as they will lose the benefits of the contract and may have to seek damages through the bankruptcy court.

Now, let`s focus on the assumption of executory contracts in Chapter 11. Section 365 of the Bankruptcy Code allows the debtor to assume or reject executory contracts. To assume an executory contract, the debtor must cure any defaults (i.e. catch up on any missed payments) and provide adequate assurance of future performance (i.e. demonstrate that it can continue to perform its obligations under the contract).

Additionally, the debtor must give notice to the other party to the contract and any creditors who may be affected by the assumption. These parties then have an opportunity to object to the assumption. If no objections are raised or the objections are dealt with to the satisfaction of the bankruptcy court, the contract can be assumed.

Assumption of executory contracts can be critical in Chapter 11 cases, as it can help the debtor continue its business operations and profitable contracts. However, it can also be a complex process that requires careful analysis of each contract and its impact on the debtor`s business. As a professional, it`s important to understand the nuances of legal language and how it affects various industries.