April 17, 2023
Someone who is not a party to the contract being assumed can’t assert a cure claim, even though Section 365(b) doesn’t give the counterparty the sole right to demand a cure on assumption of an executory contract.
2nd Circuit
March 16, 2023
Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.
9th Circuit, Idaho
February 08, 2023
Bankruptcy Judge Michael Wiles differed with his colleagues who in previous years had employed the ‘time approach’ in calculating a landlord’s rejection damages under Section 502(b)(6).
2nd Circuit, New York, New York Southern District
December 21, 2022
The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.
3rd Circuit
December 07, 2022
The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.
Supreme Court
November 02, 2022
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.
2nd Circuit, New York, New York Southern District
October 05, 2022
Claims under pre-petition contracts extended after bankruptcy can have administrative status if there was benefit to the estate, district judge says, reversing the bankruptcy court.
2nd Circuit, New York, New York Southern District
September 28, 2022
Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.
9th Circuit
