United States Second Circuit

A non-debtor party to a contract which is executory at the time a bankruptcy case is commenced cannot, by post-petition tender or performance of its own outstanding obligations under the contract, deprive the debtor party of the ability to exercise its statutory right to reject the contract as disadvantageous to the estate.

Appellate Information

• Decided 04/29/2008
• Published 04/29/2008

Judges

• SWAIN, District Judge:, Before:  MINER and WESLEY, Circuit Judges, SWAIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• C. MacNeil Mitchell, Winston & Strawn LLP (Justin E. Rawlins and Sarah L. Trum, on the brief), New York, NY, and Robert Kenneth Weiler, Green & Seifer, Attorneys, PLLC, Syracuse, NY, for Appellant.


• For Appellees:
  
• Kelly A. Cornish, Paul, Weiss, Rifkind, Wharton & Garrison LLP (Allan Arffa and Ross B. Rosenfelt, on the brief), New York, NY, for Debtor-Appellee.