United States Seventh Circuit

In a bankruptcy proceeding in which plaintiffs sought to be assigned a contract bankruptcy debtor had with a third party, bankruptcy court's denial of a motion to compel the trustee to assume the contract and then assign it is affirmed where: 1) the court did not improperly consider whether the contract between the debtor and the third party had expired in order to determine if the trustee could assume the contract without being subject to sanctions under Rule 9011; 2) orders extending the time for the trustee to assume or reject the contract were not a basis to contend that the contract had not expired; 3) third party was not estopped from asserting that the contract had expired; and 4) there was no need for an evidentiary hearing to determine whether the contract had expired.

Appellate Information

• Argued 12/07/2007
• Decided 05/15/2008
• Published 05/15/2008

Judges

• ROVNER, Circuit Judge., Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Gregory J. Jordan (argued), Polsinelli, Shalton, Flanigan & Suelthaus, Chicago, IL, for Appellants., Alex Pirogovsky, Ungaretti & Harris, Chicago, IL, for Debtor.


• For Appellees:
  
• George P. Apostolides, Arnstein & Lehr, Chicago, IL, for Trustee-Appellee., David C. Bohan (argued), Reed Smith, Chicago, IL, for Appellee.