IN RE TEMPNOLOGY, LLC

No. 16-9016.

879 F.3d 389 (2018)

IN RE: TEMPNOLOGY, LLC, n/k/a Old Cold LLC, Debtor. Mission Product Holdings, Inc., Appellant, v. Tempnology, LLC, n/k/a Old Cold LLC, Appellee.

United States Court of Appeals, First Circuit.

January 12, 2018.


Attorney(s) appearing for the Case

Robert J. Keach , with whom Lindsay K.Z. Milne and Bernstein, Shur, Sawyer & Nelson, P.A., Portland, ME, were on brief, for appellant.

Lee A. Harrington , Boston, MA, with whom Daniel W. Sklar and Nixon Peabody LLP, Manchester, NH, were on brief, for appellee.

Before Torruella, Lynch, and Kayatta, Circuit Judges.


Generally speaking, when a company files for protection under Chapter 11 of the Bankruptcy Code, the trustee or the debtor-in-possession may secure court approval to "reject" any executory contract of the debtor, meaning that the other party to the contract is left with a damages claim for breach, but not the ability to compel...

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