When some or all of a debtor’s obligations under an existing contract or lease have yet to be performed, the debtor (or the bankruptcy trustee) can decide whether to agree to perform or refuse to perform its obligations under the contract or lease. If the debtor agrees to perform its remaining obligations it has assumed responsibility for the contract or lease. This is called an assumption of the contract or lease. And if the debtor or bankruptcy trustee refuses to perform the remaining obligations under the contract or lease it is a rejection of the contract or lease.

In Utah, as in other states, when a debtor files for bankruptcy, they or the bankruptcy trustee have the option to assume or reject executory contracts and unexpired leases under Section 365 of the Federal Bankruptcy Code. An executory contract is one in which both parties still have significant performance remaining. If the debtor or trustee assumes the contract or lease, they agree to continue performing their obligations under the agreement, which often involves curing any defaults and providing adequate assurance of future performance. Conversely, if they reject the contract or lease, they are indicating their intention not to perform the remaining obligations, which may result in the other party having a claim for damages as a result of the breach. This claim would typically be treated as a pre-petition unsecured claim in the bankruptcy proceedings. The decision to assume or reject an executory contract or unexpired lease is subject to the approval of the bankruptcy court, which will consider the best interests of all parties, including creditors.