In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1

U.S. Court of Appeals, First Circuit · Decided 1995-10-17

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SELYA, Circuit Judge. This appeal compels us to address a nagging question of bankruptcy law on which no court of appeals has yet spoken and on which lower federal courts are divided. The problem relates to the operation of section 365(a) of the Bankruptcy Code, 11 U.S.C. § 365 (a) (1994), a statute that permits a Chapter 11 trustee, subjec…

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