Is a royalty interest instrument an executory contract subject to rejection pursuant to section 365 of the Bankruptcy Code?

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In re FOOTHILLS TEXAS, INC., et al., Chapter 11 Debtors

FOOTHILLS TEXAS, INC., et al., Plaintiffs, v. MTGLQ INVESTORS, L.P., Defendant

Case No. 09-10452, Jointly Administered, Adv. Pro. No. 10-51308 (CSS)

United States Bankruptcy Court, D. Delaware

July 20, 2012

Issue: Is a royalty interest instrument an executory contract subject to rejection pursuant to section 365 of the Bankruptcy Code?

Link to Free Copy of Opinion

http://chapter11cases.com/new-bankruptcy-opinion-in-re-foothills-texas-inc-bankr-court-d-delaware-2012-case-no-09-10452-jointly-administered-adv-pro-no-10-51308-css-issue-whether-a-royalty-interest-instrumen/

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