Materials from "Executory Contracts: Execution at the Guillotine?" presented at the Central States Bankruptcy Workshop
The Central States Bankruptcy Workshop, held June 12-15, 2008, attracted nearly 400 insolvency professionals to beautiful Traverse City, Michigan. The conference featured the "Jaunty Judicial Debates," where leading judges squared off on the hot bankruptcy topics of the day. It also featured the highly informative and entertaining ABI Presidents' Panel and the popular Breakfast with a Judge - an opportunity to sit down and discuss insolvency law one-on-one with key decision makers from your district.
The materials for the Friday morning session, "Executory Contracts: Execution at the Guillotine?"; included an overview of some of the issues involved in the treatment of executory contracts and unexpired leases in bankruptcy, from a judge's perspective. The paper was written by Hon. Daniel S. Opperman, U.S. Bankruptcy Court, Eastern District of Michigan. Also included in the materials was a paper written by Joel D. Applebaum of Clark Hill PLC in Detroit on post-petition enforcement of executory contracts that addresses select issues involving executory contracts prior to assumption or rejection, with special focus on issues involving automotive supply contracts. The panel for the session included Jeffrey A. Hokanson of Hostetler & Kowalik, PC in Indianapolis and Ken Munn of BBK, Ltd. in Southfield, MI, in addition to Mr. Applebaum and Judge Opperman.
Post-Petition Enforcement of Executory Contracts