Kent's Run Partnership, Ltd. v. Glosser

OPINION

CERCONE, District Judge.

The central issue in this appeal is whether the bankruptcy court erred by denying the trustee’s and co-movant’s motion to assume and assign an executory contract under 11 U.S.C. § 365(a). The bankruptcy court determined that 11 U.S.C. § 365(a) did not permit the contract’s assumption and assignment because (1) at the time the bankruptcy petition was filed, the contract was no longer executory and (2) even if the contract were executory, the assignment of the debtor’s personal easement to the co-movant/appellant would constitute an impermissible expansion of the…