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In re Peralta Food Corp.

In re Peralta Food Corp.

Ruling
Settlement agreement was not an executory contract and not subject to rejection.
Procedural posture

The debtor moved to reject a settlement agreement it had entered into with the creditor, a former employee of the debtor, as an executory contract. The sole issue was whether the settlement agreement could be construed as an executory contract that was subject to rejection by the debtor pursuant to 11 U.S.C. § 365.

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Commercial opinion summary, case decided on January 18, 2008 , LexisNexis #0208-110