in the Matter of: Ual Corporation v. Ual Corporation

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 13, 2011
Before
MICHAEL S. KANNE, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 10‐1524
IN THE MATTER OF:
UAL CORPORATION,
Debtor.
REGEN CAPITAL I, INC.,
Appellant,
v.
UAL CORPORATION, et al.,
Appellees.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division.
No. 09 C 5225
John W. Darrah,
Judge.
ORDER
All members of the panel have voted to deny the petition for rehearing, and have voted
to amend the court’s opinion of February 18, 2011, as follows:
On page 17, line 8, the following language shall be inserted after the word “contract”:
“not be assumed or rejected prior to plan confirmation. For example, some courts have
concluded that where a plan does not provide for treatment of an executory contract,
that contract”

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No. 10‐1524 Page 2
The following paragraph shall be inserted at the start of page 18 before the paragraph
commencing “The United’s plan . . .”:
“Under similar reasoning, some courts have held that the Code permits the
bankruptcy court to approve a reorganization plan that provides for post‐confirmation
assumption or rejection. See DJS Properties, L.P. v. Simplot, 397 B.R. 493, 498‐501 (D.
Idaho 2008) (bankruptcy court did not abuse its discretion by approving a plan calling
for post‐confirmation assumption or rejection of executory contracts; noting that this
interpretation is supported by sound policy reasons and lives up to congressional
intent); cf. Alberts v. Humana Health Plan, Inc. (In re Greater Southeast Community Hospital
Corp. I), 327 B.R. 26, 32‐34 (Bankr. D.D.C. 2005) (order confirming plan provided that
executory contracts were “deemed assumed” but allowed reorganized debtors to reject
those same contracts post‐confirmation if suggested cure amounts proved
unacceptable).”
On page 18, line 3, the word “latter” shall be inserted before the word “approach.”
On page 18, line 4, the word ““ride‐through”” shall be deleted and replaced by the
following language: “post‐confirmation assumption or rejection”.
On page 18, beginning on line 5 and continuing to line 6, the words “the “ride‐
through”” shall be deleted and replaced by the word “this”.
On page 18, line 10, the word “‘ride‐through’” shall be deleted and replaced by the
following language: “post‐confirmation rejection”.
On page 20, beginning on line 8 and continuing to line 9, the words “let executory
contracts “ride‐through” plan confirmation and to” shall be deleted.

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