Understanding Executory Contract Rejection: Damages, Valuation, and Strategy

Updated on: April 29, 2024

ABI Webinar Series Part 1 of 3 | Organized by Ken Mann, Managing Director, SC&H Capital

When a debtor files for bankruptcy, it has the option to reject executory contracts—agreements where at least one of two parties have yet to completely fulfill their obligations.

In this American Bankruptcy Institute (ABI) panel discussion sponsored by SC&H Capital, experts explore the process of evaluating the rejection of executory contracts. The focus is on cases where the debtor is considering rejecting one or more supplier contracts (versus leases or other financial obligations of the debtor) and where the case is likely to result in a sale. Topics include:

  • Reasons why a debtor may reject a contract and the evaluation process for making this decision
  • The process of accessing the rejection damages to enable bid comparisons and informed planning and decision making
  • How the courts rule on comparing bids that differ on rejections and damages, including the legal standards used to determine the appropriate compensation for the other party

Whether you represent creditors or debtors; or are interested in learning more about executory contract rejection, this discussion provides you with valuable insights into the complex world of bankruptcy law and real-world case studies.


  • William J. Rochelle, Editor at the American Bankruptcy Institute
  • Alan Boyko, CIRA, CTP, Senior Managing Director at FTI Consulting, Inc.
  • Brian L. Shaw, Member of Cozen O’Connor
  • Hon. Mary F. Walrath, Judge of the U.S. Bankruptcy Court for the District of Delaware

About American Bankruptcy Institute

The American Bankruptcy Institute provides congressional leaders and the public with reporting and analysis of bankruptcy regulations, laws, and trends. With 18 different committees and more than 12,000 members in multi-disciplinary roles, ABI provides educational conferences, networking opportunities, and other events to strengthen relationships in the industry and develop leadership roles. To learn more visit www.abi.org. 

To access Part 2 of 3, Chapter 11 Bankruptcy: The Customer’s Impact on a Viable Plan or Sale, click here.

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