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Executory Contracts/Leases

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

Force Majeure Provisions Likely to Give Tenants Leverage with Landlords in COVID-19 Defaults

Sept 2020

Bankruptcy Code
11 U.S.C. § 365
Topic Tags
Executory Contracts/Leases
Covid19
Tuesday, June 30, 2020
Article Tags
Executory Contracts/Leases
Business Reorganization
Covid19
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Friday, June 19, 2020
Article Tags
Court Administration
Creditors' Committee
Executory Contracts/Leases
Practice and Procedure
Business Reorganization
Covid19
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Will Mission Product Control Ground Tenant Lease Rejection and Survival of Subordinate Interests?

Aug 2020

Bankruptcy Code
11 U.S.C. § 365
Topic Tags
Executory Contracts/Leases
Real Estate
Friday, June 5, 2020
Article Tags
Executory Contracts/Leases
Business Reorganization
Covid19
Retail
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Friday, May 29, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Executory Contracts/Leases
Business Reorganization
Covid19
First-day Motions
Retail
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Is Section 363(m) Jurisdictional or Only a Limit on the Power of an Appellate Court?

The belief that Section 363(m) is jurisdictional allowed a buyer to profit from taking a misleading position in bankruptcy court.

2nd Circuit
New York
New York Southern District

Statutory Basis Explained for Deferring Rent in Response to the Coronavirus

Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.

4th Circuit
Virginia
Virginia Eastern District
Tuesday, May 12, 2020
Article Tags
Executory Contracts/Leases
Business Reorganization
Retail
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