United States Seventh Circuit

Summary judgment for employer in an action over the effects of bankruptcy on employee benefits for a senior officer is affirmed where the employment contract was not executory for the purposes of 11 U.S.C. section 365(e)(1), thus the early termination clause in the contract was not invalidated and ended employer's obligations upon filing for bankruptcy.

Appellate Information

• Argued 04/13/2006
• Decided 08/11/2006
• Published 08/11/2006

Judges

• KANNE, Circuit Judge., Before COFFEY, KANNE, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William L. O'Connor (argued), Dann, Pecar, Newman & Kleiman, Indianapolis, IN, for Claimant/Appellant.


• For Appellees:
  
• Timothy D. Elliott (argued), Rathje & Woodward, Wheaton, IL, for Debtor/Appellee.