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IN RE LEIBINGER-ROBERTS, INC.

Bankruptcy No. 188-80609-260.

105 B.R. 208 (1989)

In re LEIBINGER-ROBERTS, INC., Debtor.

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

October 5, 1989.

Attorney(s) appearing for the Case

Parker, Chapin, Flattau & Klimpl, New York City, for debtor; Joel Lewittes, of counsel.

Haight, Gardner, Poor & Havens, New York City, for Paul Leibinger; Donald J. Kennedy, and Alan Heblack, of counsel.

Schwartz, Sachs & Kamhi Carle Place, N.Y., for Creditors' Committee; Gary Sachs, of counsel.

Finkel, Goldstein, Berzow & Rosenbloom, New York City, for Wayne Fulton; Harold Berzow, of counsel.

CONRAD B. DUBERSTEIN, Chief Judge.

The within proceeding is a motion brought by Wayne Fulton ("Fulton"), a minority shareholder, director, and officer of the debtor corporation for an order directing the debtor to assume or reject a certain shareholders' agreement ("agreement") affecting him pursuant to § 365(d)(2) of the Bankruptcy Code. It is the debtor's position that the agreement is not an executory contract as to the debtor and therefore, there is no obligation...

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