In Re Nickels Midway Pier, LLC

OPINION

AMBRO, Circuit Judge.

Wild Waves, LLC (“Wild Waves”) appeals the decision of the District Court that debtor Nickels Midway Pier, LLC (“Nickels”) could reject its agreement to sell a pier property to Wild Waves. It claims the sale agreement was repudiated prepetition by Nickels, and therefore was not executory and hence not eligible for rejection. Even were rejection of the sale agreement appropriate, Wild Waves maintains it was denied the protections of § 365(i) of the Bankruptcy Code for putative purchasers of real property. Wild Waves also argues that the District Court erred by…