Date of Decision:
June 11, 2019
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?
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: