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Creditors, Speak Often Or Forever Hold Your Peace

Law360, New York (March 18, 2014, 1:11 PM EDT) -- The case is Davis v. Dunmore Properties Inc. (In re Davis), 503 B.R. 609 (Bankr. M.D. Pa. 2013). After confirmation of their Chapter 13 plan, two Chapter 13 debtors filed motions for summary judgment seeking to reject a contract for sale of their mineral rights and disallowance of the buyer's proof of claim. The buyer argued that the agreement was not an executory contract, and so could not be rejected. Alternatively, if the agreement was considered an executory contract, the buyer argued that it was entitled to damages as provided in Section 365(i) of the Bankruptcy Code....

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