In Re Pesce Baking Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that collective bargaining agreement that expired by its own terms prior to hearing on motion to reject was no longer executory because “there can be no performance by either party under the terms of the agreement”
• holding that collective bargaining agreement that expired by its own terms prior to hearing on motion to reject was no longer executory because “there can be no performance by either party under the terms of the agreement”
• relying on Gloría Mfg. Corp., once an agreement expires by the specified date, it is no longer executory; therefore, the debtor’s motion to reject such an agreement becomes moot
• “Although a collective bargaining agreement may be executory on the date the debtor’s bankruptcy petition is filed, once the agreement expires of its own terms, the debtor's application to reject it becomes moot.”

Source: CourtListener parenthetical corpus (CC0).