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United States: Court Rejects Claim Of ‘Implied Assumption’ Of Executory Contracts
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19 July 2007
Article by Joseph O'Neil, Jr.

A case decided by a federal bankruptcy court in Massachusetts reinforces the principle that executory contracts must be explicitly assumed by the debtor—and approved by the court.

Even in instances in which the debtor continues to receive and benefit from services provided, the provider may not claim that acceptance of and payment for such services constitutes an implied assumption of the contract, the court held in Gray v. Western Envtl. Servs....
 
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