John Akin, Trustee v. House of Bauer Chocolats, Inc. (In re Blum's of San Francisco, Inc.), Ch. 7, BK82-2223, -2224, A83-320
The court ruled for the defendant, finding that a pre-petition contract for the purchase of assets was not executory and could not be assumed by the Chapter 7 trustee. There were no remaining substantial performance obligations due from either party