[CLBS] Can No Compete clause in an employment contract be rejected as to a former employer pursuant to 11 USC 365?

Jon Wilson jon at boiselaw.org
Thu Jun 11 09:31:26 MDT 2015


Does anyone have any experience, case law, etc which supports the
proposition that a debtor can reject a "no compete clause" in a debtor's
former employment contract pursuant to 11 USC 365?  Debtor files a chapter
7, debtor receives demand letter advising prior employer will enforce  its
No Compete clause as to debtor and further threatens to take legal action
against debtor's new employer.  Thanks for any input.

 

Jon

Jon R. Wilson

Attorney at Law

 

Wilson Law Offices, P.C.

4614 W. Emerald St.

Boise, ID 83706

Tel. (208)343-8400

Fax (208)424-5006

Email:  jon at boiselaw.org

 

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