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Appeal from the United States District Court for the Eastern District of Louisiana

For this Chapter 11 bankruptcy case, the executory partnership agreement at issue having been neither expressly assumed nor rejected, of primary concern is whether the Trustee is substituted for the Debtor as a partner and can maintain an action against the other partners for violations of transfer restrictions in the agreement and for distributions concerning those transfers, including whether the agreement was assumable under the Bankruptcy Code and Louisiana law. The bankruptcy court held the agreement passed through bankruptcy to the Reorganized Debtor, a liquidating trust managed by the Trustee.

The district court reversed, in part, holding the agreement was not assumable and passed through bankruptcy unaffected, resulting in the Trustee’s having no right to assert claims regarding the interest-transfers. The Trustee, Frank W. McGee, appeals the district court’s judgment in favor of those claiming to be the Debtor’s partners. AFFIRMED and REMANDED.

 
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