In re: HAWKER BEECHCRAFT, INC., et al., Debtors., 486 B.R. 264

Summary

The court first concluded that the Aircraft Purchase Agreements were executory in nature because a buyer could commit a material breach even after delivery of the aircraft that would allow the debtors to terminate the agreement and sue. The Support Plus Agreements were also executory. The buyers were still obliged to pay excessive landing charges and had additional obligations, including submitting utilization reports, paying various other charges, maintaining a logbook, providing access to the debtors. The debtors demonstrated that the decision to reject the Agreements represented the exercise of sound business judgment. The debtors were not judicially estopped in taking its current position on the Agreements. The service of the rejection motion on one foreign customer by overnight international courier complied with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters art. 10(a), Nov. 15, 1965, 20 U.S.T. 361, 658 U.N.T.S. ...