In Re National Hydro-Vac Industrial Services, L.L.C.

MEMORANDUM OPINION

JAMES G. MIXON, Bankruptcy Judge.

The issue before the Court is whether to grant relief from the automatic stay to Simmons First National Bank (“Bank”) to terminate its Bank Card Merchant Agreement (“Agreement”) with National Hydro-Vac Industrial Services, L.L.C. (“Debtor”). After the Bank filed its motion for relief from stay on April 12, 2001, a hearing was conducted on the matter on April 24. The Court ruled from the bench that the Agreement is an executory contract and that the Bank’s postpetition termination of the Agreement was a technical violation of the stay subject…