Emma, the owner of a small ice cream parlor, contracts to purchase 12,000 cases of sugar cones from the Carver Supply Company for a very favorable price. The contract requires 1,000 cases to be delivered on the first of each month. After four months, Emma goes out of business and files a Chapter 7 bankruptcy petition.

Is the Emma/Carver Supply contract an executory contract? Why or Why not?

If the trustee rejects this contract and therefore the contract is considered breached, could Carver Supply sue Emma for breach of contract in state court? Why or Why not?

Would Carver Supply have received a different remedy in state court than in the bankruptcy court? What is the difference? Is preemption at work here Why or Why not?