Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

Bankr. E.D.N.C- In re Thompson-Massie: Rejection of Executory Contracts through Chapter 13 Plan; Challenge to Local Opt-Out Plan

Profile picture for user Ed Boltz
By Ed Boltz, 28 May, 2019

Summary:

The Local Opt-Out Plan (“LOOP”) for the Eastern District of North Carolina required that executory contracts be assumed or rejected by motion pursuant to 11 U.S.C. § 365.  The Debtor challenged this requirement through the inclusion in the nonstandard provision section of a rejection of executory contracts pursuant to 11 U.S.C. § 1322(b) (7), which  specifically provides that a plan may “… provide for the assumption, rejection or assignment of any executory contract or unexpired lease of the debtor not previously rejected under section [365].”

Recognizing that the debtor’s “point is well taken” and following the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018), that “a local rule of bankruptcy procedure cannot be inconsistent with the Bankruptcy Code”, the bankruptcy court allowed the nonstandard provision rejecting the executory contract.

Commentary:

This is a good example of where a discrete aspect of a LOOP was challenged through a nonstandard provision tailored for the actual case, rather than a “kitchen sink” approach of adding multiple NSPs for the first time all at once.

It should also be noted that the requirement for motions to assume or reject leases was originally included as that is the practice in Chapter 11 cases, with which many bankruptcy judges are more familiar in their previous practices. 

Additionally, it appears that because BAPCPA requires the Administrative Office of the Courts to annually report on the numbers of rejections and assumptions of executory contracts, it tends to adjust budgets based on the number of such motions filed.  Understanding the sub rosa motivations of other stakeholders in the bankruptcy system can help decipher the choices and requirements made.

For a copy of the opinion, please see:

In re Thompson-MassieDownload

Blog comments

Category
North Carolina Bankruptcy Cases
Eastern District

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz