May 07, 2024

Noncompete and Confidentiality Agreements Can’t Be Rejected as Executory Contracts

If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.

6th Circuit, Michigan, Michigan Eastern District

April 15, 2024

District Court Upholds the ‘Time Approach’ to Reduce Landlords’ Claims

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

2nd Circuit, New York, New York Southern District

February 26, 2024

Fifth Circuit: MOAC Didn’t Weaken Section 363(m) on Statutory Mootness for Sales

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

5th Circuit

January 10, 2024

Equity Governs When Lease Rejection May Be Retroactive to the Filing Date

The ‘cap’ for lease-rejection damages can start when the debtor attempts to surrender the premises.

2nd Circuit, New York, New York Southern District

January 08, 2024

How to Turn Prepetition Work into a Postpetition Administrative Claim

Prepetition brokerage fees characterized as rent under an aircraft lease were administrative claims to be paid in full under Section 365(d)(5).

2nd Circuit, New York, New York Southern District

November 13, 2023

In MOAC on Remand, the Second Circuit Vacates the Order Assigning the Lease

The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.

2nd Circuit

November 01, 2023

A Debtor Can’t Assign Only Part of an Executory Contract, Fifth Circuit Says

Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.

5th Circuit

September 12, 2023

Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed

The Ninth Circuit BAP affirms that a deferred settlement agreement can’t be assumed under Section 365.

9th Circuit

July 28, 2023

A Contract to Produce a TV Series Wasn’t a Personal Services Contract

Contracts with corporations aren’t likely to be personal services contracts.

2nd Circuit, New York, New York Southern District

April 19, 2023

Supreme Court Holds: § 363(m) Isn’t Jurisdictional; It’s a Limitation on Appellate Relief

The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.

Supreme Court