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you today were going to talk about the assumption or rejection of executory contracts this conversation first requires us to define an executor II contract an executor II contract is a contract that has not yet been fully performed by both parties in other words its a contract where both parties the debtor and non debtor still have something to perform in bankruptcy once the order for relief is entered or the bankruptcy is filed both parties are required to perform their obligations under an executor II contract so that means even if there may have been a pre bankruptcy default once that bankruptcy is filed so long as the debtor continues to pay post bankruptcy the non debtor contracting party is required to perform its end of the bargain typically in the bankruptcy setting the debtors obligation is to make payment for something certainly that could be different the debtor could be the the party providing goods or services but usually in the bankruptcy setting its the non debtor pa