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ABI Journal

Executory Contracts/Leases

Split Ninth Circuit Permits Extending a Statutory Deadline After It Expires

Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.

9th Circuit

COVID-19 and Chapter 11: Suspension Orders and Their Impact on Creditors’ Rights

June 2020

Bankruptcy Code
11 U.S.C. § 105
305
Topic Tags
Administrative Expense Claims
Claims
Court Administration
Executory Contracts/Leases
Covid19
Unsecured Trade Creditors

Eighth Circuit Applies Cap on Lease Claims to a Fraudulent Transfer Judgment

Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’

8th Circuit

District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers

District court reverses and bars Sears from assigning Mall of America lease.

2nd Circuit
New York
New York Southern District

Amending the Lease-Assumption Deadline in the Wake of COVID-19

June 2020

Bankruptcy Code
365
Topic Tags
BAPCPA at 10
Bankruptcy Litigation
Executory Contracts/Leases
Plan Confirmation
Business Reorganization
Covid19
Real Estate

Dedication Wars: The Midstream Companies Strike Back

March 2020

Bankruptcy Code
11 U.S.C. § 363
11 U.S.C. § 365
Topic Tags
Bankruptcy Litigation
Executory Contracts/Leases
Business Reorganization

Public Interest Must Be Considered: The Rejection of Power Purchase Agreements Examined

April 2020

Bankruptcy Code
11 U.S.C. § 362
11 U.S.C. § 365
Topic Tags
Automatic Stay
Executory Contracts/Leases

A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days

Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says.

2nd Circuit
New York
New York Southern District

Enforceability of Make-Whole Premiums in Chapter 11

March 2021

Bankruptcy Code
11 U.S.C. § 365
Topic Tags
Automatic Stay
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Business Reorganization
Finance and Banking

Third Circuit Issues an Important Decision on Liquidation of Repo ‘Credit Enhancements’

Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.

3rd Circuit
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