In re Interstate Bakeries: Self-Defining Executoriness

American Bankruptcy Institute Journal

Among the most vexing concerns facing bankruptcy practitioners and judges is the lack of a Bankruptcy Code-based definition of “executory contract.” While most circuits have adopted the Countryman definition, battles still rage within the confines of that definition regarding its contours. Lewis Bros. Bakeries Inc. v. Interstate Brands Corp. (In re Interstate Bakeries), a recent decision from the Eighth Circuit Court of Appeals, highlights one such issue.

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