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IN RE HARRY C. PARTRIDGE, JR. & SONS, INC.

Bankruptcy No. 84 B 20398.

43 B.R. 669 (1984)

In re HARRY C. PARTRIDGE, JR. & SONS, INC., Debtor.

United States Bankruptcy Court, S.D. New York.

October 26, 1984.

Attorney(s) appearing for the Case

Ballon, Stoll & Itzler, New York City, Burton Strumpf, New York City, of counsel, for debtor.

Hart & Hume, New York City, William Hart, Jr., New York City, of counsel, for Fidelity & Deposit Co. of Maryland.

Teitelbaum & Gamberg, P.C., New York City, Gary Ginsburg and John Battiato, New York City, of counsel, for Dauphin County Com'rs.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

A creditor's motion to compel a debtor either to assume or reject an executory contract pursuant to 11 U.S.C. § 365(d)(2) raises the issue as to whether the debtor is entitled to a declaratory judgment that it was not in default under the contract in question when the creditor is willing to waive its right, for the purpose of 11 U.S.C. § 365(b)(1), to require the debtor to cure or provide adequate assurance that the...

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