- 11 U.S.C.
In re Exide Techs.
Dec
05
2007
Ruling
Selective executive retirement agreement was not an executory contract and not subject to assumption.
Procedural posture
Creditor, a retired employee of the debtor, moved for the enforcement of a selective executive retirement agreement plan ("SERP"), under which the debtor still owed him seven of the total of ten payments. The debtor objected to the relief requested, arguing the SERP contract was not assumable under 11 U.S.C. § 365, because it was not an executory contract.
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Court
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