In Re Vinson

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

At issue in this case is whether an installment contract for the sale of commercial real estate to the debtor is an executory contract which must be assumed or rejected under 11 U.S.C. § 365 or whether, under the Seventh Circuit’s ruling in In re Streets & Beard Farm Partnership, 882 F.2d 233, 235 (7th Cir.1989), it constitutes a financing device granting the sellers a secured claim which may be dealt with in the debtor’s Chapter 13 plan. The contract sellers, having filed a motion to require the debtor to assume or reject the contract as executory,…