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The attached materials have been prepared by three well-known practitioners: Rob Charles, Warren Agin and Robert Feinstein. This compilation reflects the currently-updated materials prepared by Rob Charles with respect to executory contracts in general, as well as specific materials prepared by Warren Agin and Robert Feinstein on intellectual property and BAPCPA issues, respectively.
1. Am I Dealing With An Executory Contract or Unexpired Lease?
1.1 Countryman Definition and Other Tests.
An outstanding bankruptcy judge had to consider the issues caused by a debtor's assumption, with court approval, of its workers compensation insurance. The debtor requested, and the court approved without objection, an extension of its worker compensation insurance for five months.
The debtor completed its operations, sold its business, and apparently allowed the policy to expire
