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IN RE JZ L.L.C.

BAP No. ID-07-1011-KMoR. Bankruptcy No. 01-03545-TLM.

371 B.R. 412 (2007)

In re JZ L.L.C., Debtor. Diamond Z Trailer, Inc., Appellant, v. JZ L.L.C., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed June 18, 2007.

Attorney(s) appearing for the Case

Michael Christian, Marcus, Christian & Hardee, LLP, Boise, ID, for Diamond Z Trailer, Inc.

Randal J. French, Bauer & French, Boise, ID, for JZ, L.L.C.

Before: KLEIN, MONTALI, and RIBLET, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

We confront the puzzle of the status of an executory contract that was neither assumed nor rejected during a chapter 11 case in which there was a confirmed plan that did not involve transfers of property of the estate or creation of new entities. We conclude that the "ride through" doctrine developed under the former Bankruptcy Act retains vitality in chapter 11 cases when the debtor continues operating and does not change...

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