Bankr. No.:
18-40528
Chapter:
13
Date of Decision:
June 11, 2019
Issue:
Whether the debtors could reject an employment agreement between one of the debtors and that debtor's former employer under 11 U.S.C. § 365, where the debtor quit his job after filing for bankruptcy and subsequently sought to reject the employment agreement?
Ruling:
No. Though the contract was executory on the petition date, the debtor's post-petition, voluntary termination of his employment rendered the employment contract no longer executory and thus no longer able to be assumed or rejected under 11 U.S.C. § 365.
Full Bankruptcy Court Decision: