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ABI Journal

363

Curing Defaults Isn’t Always Required Before Selling a Contract, Third Circuit Says

The ‘Countryman’ definition of an executory contract allows a debtor sell a contract without curing a default if the non-debtor counterparty has no further material, unperformed obligations.

Unusual Facts Permit Selling Property Free and Clear of Judicial Liens

Long Island’s Judge Grossman explores the intricacies of selling property free and clear for less than the amount of liens.

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To Invoke Equitable or Statutory Mootness, the Record Must Be Clear that a Sale Closed

Unsubstantiated statements that a sale closed didn’t persuade a district judge in Dallas to invoke equitable or statutory mootness.