Meiburger v. Endeka Enters. LLC (In re Tsiaoushis)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Debtor LLC's operating agreement was not an executory contract and was enforceable where debtor had no duties as manager or unperformed duties as member.
Procedural posture: 
Plaintiff trustee filed a motion for summary judgment on his adversary complaint for a declaration that the paragraphs in an operating agreement, which provided for the automatic dissolution of defendant limited liability company ("LLC") upon a member's bankruptcy filing, were valid and fully enforceable. Defendant manager opposed the motion, asserting that the agreement was an executory contract.
Issue: 
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