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Keeping Score When Bankruptcy Principles and the Federal Anti-Assignment Act Collide: Government Contractors’ Options Concerning Executory Contracts | Author: Tanya M. Kiatkulpiboone

Keeping Score When Bankruptcy Principles and the Federal Anti-Assignment Act Collide: Government Contractors’ Options Concerning Executory Contracts | Author: Tanya M. Kiatkulpiboone

This Comment’s analysis requires a look at statutory language, congressional intent and case precedent to support the following position:, in order for a U.S. Government entity to refuse to recognize the assumption of an executory contract by a debtor party, or the transfer of an executory contract to a third party assignee, a holistic look at the factual circumstances between the parties, both pre- petition and post-petition, is a more valuable legal analysis than the mechanical application of imprecise statutes like the Federal Anti-Assignment Act. Part II of this Comment provides background concerning bankruptcy law’s favoritism towards debtor objectives in light of existing non-debtor safeguards. Part III addresses conflicts in the Code language, tests derived from the inconsistencies and applied by the judiciary culminating in a review of stare decisis. Part IV proposes a four-factor test to guide judicial interpretation in future circumstances involving executory government contracts within a bankruptcy reorganization context.

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