DECISION ON CROSS-MOTION BASED ON SECTION 365(e)(2)
ADLAI S. HARDIN, JR., Bankruptcy Judge.
The debtors moved to assume their executory contracts with Kmart Corporation ("Kmart") pursuant to Section 365(a) of the Bankruptcy Code, 11 U.S.C. § 365(a). Kmart opposed the motion on several legal and factual grounds, and also cross-moved for relief from the automatic stay to terminate the executory contracts under an ipso facto termination clause relying...
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