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ABI Journal

Executory Contracts/Leases

Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan

Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.

Bankruptcy Code
I Declare Assumption! In Satisfaction of 11 U.S.C.’s § 365(d)(4)’s Statutory Deadlines

June 2025

Bankruptcy Code

Second Circuit Takes Sides on a Section 365(d)(5) Circuit Split

The ‘billing approach,’ not the ‘accrual approach,’ decides whether there is a priority claim for personal property and real estate leases more than 60 days after filing.

Sears Landlord Wins Big Supreme Court Appeal But Has Nothing to Show for the Effort

Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.