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In re Scott Conlon Rose and April Yvonne Rose

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: