In Re Twin City Power Equipment, Inc.

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether a John Deere Dealer Agreement is a non-assumable financial accommodation pursuant to 11 U.S.C. § 365(c)(2).

The material facts are not in dispute. The Debtor, Twin City Power Equipment, Inc., is a retail dealer of lawn and garden equipment. The Debtor carries brands such as Kubota, Toro, Lawn Boy, and Polaris. In addition, the Debtor is a John Deere lawn and garden dealer. The Deere brand constitutes about 15% of the Debtor’s inventory.

The focus of this proceeding is on the John Deere Company Authorized Lawn and…