No. 25-1136

Svenhard’s Swedish Bakery v. Bakery and Confectionary Union and Industry International Pension Fund

Lower Court: Ninth Circuit
Docketed: 2026-03-30
Status: Pending
Type: Paid
Tags: bankruptcy-code bankruptcy-court-approval chapter-11-bankruptcy contract-assumption debt-financing executory-contracts
Latest Conference: N/A
Question Presented (from Petition)

This case concerns the interpretation of a bankruptcy statute. Subject to the bankruptcy court's approval, debtors in Chapter 11 bankruptcy may generally assume executory contracts that predate the bankruptcy petition. 11 U.S.C. § 365(a). If a contract is assumed, the debtor must cure any defaults under the agreement, and the agreement will survive the bankruptcy. One exception to the general rule permitting assumption is that a debtor may not assume "a contract to make a loan, or extend other debt financing or financial accommodations, to or for the benefit of the debtor[.]" 11 U.S.C. § 365(c)(2).

The question presented by this case is whether Section 365(c)(2) precludes Chapter 11 debtors from assuming pre-petition contracts that require no extension of new credit, money, property, or financing of any kind to the debtor post-bankruptcy.

Question Presented (AI Summary)

Whether Section 365(c)(2) of the Bankruptcy Code precludes Chapter 11 debtors from assuming pre-petition contracts that require no extension of new credit, money, property, or financing to the debtor post-bankruptcy

Docket Entries

2026-03-25
Petition for a writ of certiorari filed. (Response due April 29, 2026)
2026-02-05
Application (25A882) granted by Justice Kagan extending the time to file until March 25, 2026.
2026-01-29
Application (25A882) to extend the time to file a petition for a writ of certiorari from February 11, 2026 to March 25, 2026, submitted to Justice Kagan.

Attorneys

Svenhard’s Swedish Bakery
Derrick Matthew TalericoWeintraub Zolkin Talerico & Selth LLP, Petitioner