Matter of Shada Truck Leasing, Inc.

MEMORANDUM

DAVID L. CRAWFORD, Bankruptcy Judge.

At issue in the matter before me is whether a seller’s express warranty to repair or replace defective parts and a debtor-buyer’s obligation to pay under the terms of an installment sales contract are sufficient to constitute an executory contract within the meaning of Section 365 of the Bankruptcy Code.

The facts are not in dispute. On October 28, 1980, Trailmobile, Inc., (Trailmobile) doing business under its former name Pullman Incorporated, Pullman Trailmobile Division, entered into a five-year contract with the Debtor-in-Possession, Shada…