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IN RE THINKING MACHINES CORP.

No. 95-1575.

67 F.3d 1021 (1995)

In re THINKING MACHINES CORPORATION, Debtor. THINKING MACHINES CORPORATION, Appellee, v. MELLON FINANCIAL SERVICES CORPORATION # 1, Appellant.

United States Court of Appeals, First Circuit.

Decided October 17, 1995.

Attorney(s) appearing for the Case

Kevin J. Simard, with whom Charles R. Bennett, Jr. and Riemer & Braunstein, Boston, MA, were on brief, for appellant.

Charles R. Dougherty, with whom Jonathan C. Lipson and Hill & Barlow, Boston, MA, were on brief, for appellee.

Before SELYA and STAHL, Circuit Judges, and GORTON, District Judge.

SELYA, Circuit Judge.

This appeal compels us to address a nagging question of bankruptcy law on which no court of appeals has yet spoken and on which lower federal courts are divided. The problem relates to the operation of section 365(a) of the Bankruptcy Code, 11 U.S.C. § 365(a) (1994), a statute that permits a Chapter 11 trustee, subject to certain conditions, to assume or reject any unexpired lease or executory contract in existence on the date the insolvency...

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