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Executory Contracts/Leases
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
Thirty-five years later, the Supreme Court might reverse Lubrizol.
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
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Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.