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In re Helm

In re Helm

Ruling
Debtors were allowed to reject an executory contract in its entirety since the contract was not fully performed and the contracting party could not overcome the debtor's showing that rejection of the contract would benefit the estate.
Procedural posture

The debtors, a musician and his wife, filed under chapter 7 and converted the case to a chapter 11 case. The debtors moved for entry of an order pursuant to 11 U.S.C. § 365 rejecting an executory contract with a collection agent.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0206-103