Executory Contract Rejection
The trustee's or debtor-in-possession's election under Section 365 to reject an unperformed contract or unexpired lease, converting the non-debtor party's rights into a prepetition, generally unsecured, claim for rejection damages.
An executory contract is one where both parties still have material remaining performance obligations. Section 365 gives the trustee or debtor-in-possession the choice to assume the contract, continuing it and curing any defaults, or reject it, treating it as breached immediately before the bankruptcy filing. Assumption requires curing outstanding defaults, providing adequate assurance of future performance, and, if the contract is to be assigned to a third party, adequate assurance of that assignee's future performance as well.
Rejection converts the non-debtor counterparty's claim for damages arising from the breach into a prepetition, generally unsecured claim, which typically recovers only a fraction of its face value through the plan or liquidation distribution. For commercial real property leases, Section 502(b)(6) caps the landlord's rejection damages claim at a statutory formula tied to a limited number of years of remaining rent, preventing what would otherwise be a very large future-rent claim from swamping the unsecured class.
Because assumption and rejection lead to sharply different outcomes for the same contract — continued performance and cure versus a capped, diluted unsecured claim — Juricratic models the choice as a contract-fork dial, letting a user compare the downstream exposure of the rejection-damages branch against the cure-cost and going-forward-performance branch before the debtor's election is made.
How it actually shows up
A debtor-in-possession evaluating its executory contract portfolio triages each contract by whether it is more valuable to keep (favoring assumption and cure) or exit (favoring rejection), while a landlord or vendor facing rejection quickly calculates its capped or actual rejection-damages claim to gauge realistic recovery relative to full contract value.
- What is the deadline to assume or reject a commercial real property lease?
- The Bankruptcy Code sets specific deadlines for nonresidential real property leases, generally requiring the trustee to decide within a limited period after filing, subject to extension by the court for cause.
- How is a landlord's rejection damages claim capped?
- Section 502(b)(6) limits the landlord's claim for lease rejection damages to a statutory formula based on a defined portion of the remaining lease term, regardless of the actual remaining rent owed under the lease.
- What happens to the other party's rights if a contract is assumed instead of rejected?
- The contract continues in force, but the trustee or debtor-in-possession must cure any existing defaults and provide adequate assurance of future performance before assumption is approved.
This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.
Turn the concept into a modeled matter.
Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.
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