In re New Rochelle Tel. Corp.

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.
Issue: 
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Commercial case opionion summary, case decided on November 13,2008, LexisNexis #0109-008