Displaying with Topic Executory Contracts/Leases

District judge won’t withdraw the reference when PG&E rejects power purchase agreements.

Thirty-five years later, the Supreme Court might reverse Lubrizol.

Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.

Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.

A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).

Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.

High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.

Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.

Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.

Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.