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Why is it a forgone conclusion to everyone that a bankruptcy judge would throw out the EO completely and cease all payments and not just reduce the pay by X% like everyone else still active? (Serious question). This isn’t the DB...on the grand scale, the early out isn’t an expensive item.
Because the LOA is likely to be deemed an unsecured executory contract and, in any bankruptcy action, the Bankruptcy Code authorizes a Chapter 11 debtor-in-possession to reject any executory contract where it is in the best business judgment of the debtor-in-possession to do so. D-I-Ps practice slash-and-burn agriculture when it comes to executory contracts. They don't want to pay out any more than they have toOriginally Posted by Wolf424
Denny,Why is it a forgone conclusion to everyone that a bankruptcy judge would throw out the EO completely and cease all payments and not just reduce the pay by X% like everyone else still active? (Serious question). This isn’t the DB...on the grand scale, the early out isn’t an expensive item.