- 11 U.S.C.
In re Valley Club Homes LLC
Jul
15
2008
Ruling
Creditor could not compel assumption or rejection where contract was not executory as creditor had completed performance.
Procedural posture
Creditor filed a motion to compel the debtor to assume or reject an executory contract. The debtor was a home builder which contracted with the creditor to use the creditor's existing water delivery system as a means to deliver water to its various building lots.
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Court
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