Displaying with Topic Executory Contracts/Leases

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

Unperformed obligations must be ‘material’ for a contract to be executory.

An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.

There is no implied assumption of an executory employment contract under the Bankruptcy Code.

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.

Opinion does not mean that a DIP financing lien terminates when collateral is transferred.

First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.

Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.