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judge chagres

In re Fleming Cos.

Ruling
Assumption and assignement of executory contract denied where proposed assignee could not give adequate assurance of performance of material terms.
Procedural posture

Appellants, grocers, appealed from the order of the District Court for the District of Delaware which affirmed the bankruptcy court's denial of a motion for assumption and assignment of an executory contract in favor of nondebtor contracting party. Debtor was a wholesale supplier of grocery products to supermarkets. The case implicated 11 U.S.C. § 365.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 22, 2007 , LexisNexis #0907-093