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Executory Contracts/Leases

Benchnotes February 2020

Feb 2020

Bankruptcy Code
362(d)
108
1112
Topic Tags
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Ethics
Executory Contracts/Leases
Fraud
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability

Sixth Circuit Gives Primacy to the Bankruptcy Court in Rejecting Power Contracts

Over a dissent, the Sixth Circuit holds that FERC may offer its opinion but may not bar a bankruptcy court from rejecting a power purchase agreement after considering the public interest.

6th Circuit

How to Negotiate and Draft Sale Documents and Pleadings in Chapter 11 Cases

Bankruptcy Code
105
363
365
554
Topics
Executory Contracts/Leases
Business Reorganization

Links

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Textualism, Originalism and the Code: Arguments for a Heretical View of § 363

Feb 2020

Bankruptcy Code
11 U.S.C. § 363
11 U.S.C. § 363(f)
11 U.S.C. § 365
Topic Tags
Asset Sales
Executory Contracts/Leases
Business Reorganization
Labor/Employment
Mass Torts

Sellers and Buyers Beware: Recent Developments in the Sale of Assets (Part II)

Jan 2020

Bankruptcy Code
11 U.S.C. § 363(f)
Topic Tags
Asset Sales
Executory Contracts/Leases

Boston Judge Suggests Procedures for Removing Uncertainty from Section 365(p)

Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).

1st Circuit
Massachusetts

Restructuring a Distressed Health Care Portfolio Company

Oct 2019

Bankruptcy Code
11 U.S.C. § 363
11 U.S.C. § 363(f)
11 U.S.C. § 365
333
CHAPTER 7 Liquidation
CHAPTER 9 - Adjustment of Debts of a Municipality
CHAPTER 11 - Reorganization
Topic Tags
Asset Sales
Corporate Governance
Executory Contracts/Leases
Fraudulent Transfers
Bankruptcy Taxation
Business Reorganization
Finance and Banking
Health Care
Investment Banking
Turnaround Issues

Planning Cash Flow in Health Care Bankruptcies: Medicare and the Administrative Freeze

Oct 2019

Bankruptcy Code
11 U.S.C. § 362
553
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Executory Contracts/Leases
Business Reorganization
First-day Motions
Health Care
Turnaround Issues

Benchnotes September 2019

Sept 2019

Topic Tags
Claims
Executory Contracts/Leases
Plan Confirmation
Consumer Bankruptcy

Bankruptcy Trends: Contracts and Plans

Bankruptcy Code
363
1123
Topics
Executory Contracts/Leases
Plan Confirmation

Links

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