Executory Contracts/Leases

Ensuring Enforceability of Liquidated-Damages Provisions

July 2019

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.

Time Is of the Essence: The Standard for a “Prompt” Cure Under § 365(b)(1)(A)

June 2019

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.

Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court

District judge won’t withdraw the reference when PG&E rejects power purchase agreements.

Supreme Court Hears Oral Argument on Rejection of Trademark Licenses

Thirty-five years later, the Supreme Court might reverse Lubrizol.

Huge Liquidated Damages Held Unenforceable in an Aircraft Lease

Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.

Eleventh Circuit Affirms Use of § 1114 in Liquidating Chapter 11s

April 2019

A License to Kill: Executory IP Contracts, Licenses and Intellectual Property Transactions in Bankruptcy

Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation

Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.