In re: UAL Corporation

In bankruptcy proceeding where third-party filed cure claim arising out of claim purchased from creditor and stemming from executory contract with debtor, Dist. Ct. erred in finding that third-party could not potentially enforce its rights under cure provisions set forth in 11 USC section 365(b)(1)(A). Dist. Ct., though, could properly find that third-party was barred from recovering cure amount where debtor timely rejected subject executory contract under circumstances where specific terms of debtor's Chapter 11 plan gave debtor option to decline said contract after date that plan had been confirmed by Bankruptcy Ct. Moreover, failure of third-party to object to ability of debtor to postpone decision to reject executory contract until after plan's confirmation or otherwise appeal from confirmation of plan precluded third-party from challenging said ability at time debtor rejected executory contract.