(W.D. Ky. Mar. 31, 2016)

The district court affirms the bankruptcy court’s decision finding that Seven Counties Services, Inc. was permitted to file for Chapter 11 bankruptcy relief because it was not a “governmental unit” as defined in the bankruptcy code. Further, the debtor’s contract with KERS was properly deemed an executory contract that could be rejected by the debtor. The court makes one factual correction to the record, but the bankruptcy court’s decision is affirmed in all other respects. Opinion below.

Judge: Hale

Attorneys for KERS: Ice Miller LLP, Daniel R. Swetnam, Tyson A. Crist, Victoria E. Powers

Attorneys for Debtor: Seiller Waterman, LLC, David Cantor, Tyler R. Yeager, Gray & White, Paul Joseph Hershberg, Bingham Greenebaum Doll LLP, Philip C. Eschels, Wyatt Tarrant & Combs LLP, Theodore T. Myre, Jr.

2016-03-31 – kers v seven counties services