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Opinion 117

Case Name: 

In re IML Freight, Inc., 37 B.R. 556 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Mar-7-1984
Case Number(s): 
83C-1950, -1951, -1952
Status: 

PUBLISHED

Body: 

Rejection of chapter 11 debtor's collective bargaining agreements with various unions was approved by the court, after which trustee, in his discretion, entered into new collective bargaining agreements with the unions. Trustee subsequently sought to reject those postpetition agreements, pursuant to 11 U.S.C. § 365. The court held that trustee's postpetition agreements were not "executory contracts" subject to § 365, and denied trustee's motion.

Internal Ref: 
Opinion 117
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