Few topics have bedeviled the bankruptcy community as much as the proper treatment of executory contracts under section 365 of the Bankruptcy Code. The case law is "hopelessly convoluted" and a "bramble-filled thicket." While many have struggled in the bootless task of providing coherence to the unwieldy corpus of case law and commentary, all would agree Jay Westbrook has been at the modern vanguard of this Sisyphean task. (1 assign Westbrook to the "modern" forefront, thereby relegating Vern Countryman, whose legacy in this domain rightly persists, to the annals of history, choosing as my perhaps arbitrary dividing line the adoption of the 1978 Bankruptcy Code.)
Publication Information & Recommended Citation
Pottow, John A.E. "A New Approach to Executory Contracts." In Bankruptcy's Universal Pragmatist, edited by Christoph G. Paulus and John A.E. Pottow, 533-581. Ann Arbor: Michigan Publishing, 2021.