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Executory Contracts/Leases

Space Exploration and Production: Bankruptcy Perspectives

Oct 2020

Bankruptcy Code
11 U.S.C. § 365
554
541
Topic Tags
Administrative Expense Claims
Asset Sales
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Financial Advisors
Legislation
Practice and Procedure
Business Reorganization
Covid19
Finance and Banking
International Insolvency
Investment Banking
Real Estate
Small Business
Turnaround Issues
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

Benchnotes October 2020

Oct 2020

Bankruptcy Code
11 U.S.C. §§ 101-1532
Topic Tags
Administrative Expense Claims
Bankruptcy Litigation
Executory Contracts/Leases
Fraudulent Transfers
Professional Compensation/Fees
Consumer Bankruptcy
Family/Divorce Issues
Business Reorganization
Covid19
Small Business
Friday, August 21, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Executory Contracts/Leases
Business Reorganization
Covid19
Retail
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Effects in Bankruptcy Cases of Supreme Court Limitation of Nunc Pro Tunc Orders

Oct 2020

Bankruptcy Code
11 U.S.C. § 365
327
330
Topic Tags
Executory Contracts/Leases
Professional Compensation/Fees

Second Circuit Holds that Flip Clauses in Swaps Are Enforceable

Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.

2nd Circuit
Thursday, August 13, 2020
Article Tags
Executory Contracts/Leases
Business Reorganization
Covid19
Retail
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Two Circuits Agree: Coal Act Doesn’t Bar Terminating Retiree Benefits via Section 1114

Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.

5th Circuit

Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation

Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).

9th Circuit

Sixth Circuit Broadly Interprets Section 959(b) to Cover State Pension Plans

A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.

6th Circuit

Second Circuit Broadly Caps Wage Claims Accelerated Before Bankruptcy

Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).

2nd Circuit
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