In Re Sudbury, Inc.

How courts have described this case

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

• stating that section 365 is designed to give the trustee the option of assuming contracts where performance by a third party will benefit the estate or to forego the third party’s performance where the benefit to the estate will be less than the cost
• “This Court ... concludes that the Debtors’ retrospective premium obligation does not make the Policies exec-utory contracts which may be assumed or rejected under section 365.”
• insurer’s obligations are not “voided because of the Debtor’s failure to cooperate” as cases “establish only that an Insurer may have a defense against a claim where the Debtor does not cooperate.”
• insurer’s obligations are not “voided because of the Debtor’s failure to cooperate” as cases “establish only that an Insurer may have a defense against a claim where the Debtor does not cooperate.”

Source: CourtListener parenthetical corpus (CC0).