Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract
In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.