- 11 U.S.C.
In re New Rochelle Tel. Corp.
Nov
13
2008
Ruling
Prepetition service agreement with utility was entitled to applicable protection and could not be treated as an executory contract.
Procedural posture
Before the court were two motions which were procedurally consolidated. The first was a motion filed by the debtor seeking, inter alia, to determine that, because creditor was a utility which entered into an executory contract with the debtor prior to bankruptcy, the parties' rights and obligations were governed by 11 U.S.C.S. § 365 and not 11 U.S.C.S. § 366. The second motion was the creditor's motion to convert the case to a chapter 7.
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Court
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