April 2, 2024 ∙ ARTICLE

This article will delve into the established case law and current statutes in different jurisdictions to explore the feasibility of an ideal approach for resolving disputes of executory contracts, with an emphasis on balancing equity between the debtor and non-debtor parties. It will be structured into three sections. First, it will briefly explain the definition of executory contract under the U.S. Bankruptcy Code. Second, it will focus on the position of debtors and non-debtor parties in executory contract disputes. Finally, this article will compare the bankruptcy systems in different jurisdictions, aiming to conclude whether there is a better approach to balance the interests between the debtors and the non-debtor parties in executory contract disputes.

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