Dealing With Executory Contracts: Notice of Intent Still Critical 

The use of broad boilerplate language to provide for the treatment of executory contracts or unexpired leases in a reorganization plan is a common practice among bankruptcy practitioners as they look for ways to simplify the complex plan confirmation process.  Bankruptcy and Creditors' Rights attorney Irve Goldman explains that while the recent opinion of the Tenth Circuit Bankruptcy Appellate Panel in In re Amerivision Communications Inc.¹ (hereinafter referred to as Dataprose) can be viewed as reaffirmation of that practice, the underlying case law in this area suggests there are certain nuances to consider when employing boilerplate assumption or rejection language in a plan. 

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