Executory Contracts/Leases

Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’

Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.

Court :

6th Circuit

Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says

Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.

Court :

10th Circuit

Kansas

Profit Sharings in Leases Are Unenforceable Anti-Assignments, Third Circuit Says

Third Circuit upholds Delaware’s Judge Gross by nixing profit-sharing agreements under Section 365(f)(1).

Court :

Section 365(d)(3): More Bark or Bite?

May 2019

Bankruptcy Code

11 U.S.C. § 365

507

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Executory Contracts/Leases

Real Estate

Fifth Circuit Expounds on Overlooked Aspects of the Strong Arm Power

News flash: Louisiana law is different!

Court :

5th Circuit

Does the Second Circuit in Sabine Have the Final Word on Texas Law?

Aug 2018

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Bankruptcy Litigation

Executory Contracts/Leases

Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception

Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.

Court :

6th Circuit

Michigan

Michigan Eastern District

Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.

Court :

11th Circuit

Florida

Florida Southern District

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Executory Contracts/Leases

Benchnotes November 2018

Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’

Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says

Profit Sharings in Leases Are Unenforceable Anti-Assignments, Third Circuit Says

Section 365(d)(3): More Bark or Bite?

Fifth Circuit Expounds on Overlooked Aspects of the Strong Arm Power

Benchnotes August 2018

Does the Second Circuit in Sabine Have the Final Word on Texas Law?

Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception

Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say