Executory Contracts/Leases | ABI

SIPA Bars General Unsecured Claims for Failure to Transfer Accounts Before Filing

The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.

Court :

New York Southern District

Are Trademarks IP Under the Code? The Uncertain Treatment of Trademark License Agreements

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Bankruptcy Litigation

Executory Contracts/Leases

First Circuit’s Rejection of Sunbeam Sheds a Different Light on § 365(n)

Bankruptcy Code

11 U.S.C. § 365(n)

Topic Tags

Executory Contracts/Leases

Business Reorganization

May 2018 Benchnotes

Bankruptcy Code

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Executory Contracts/Leases

Consumer Bankruptcy

Business Reorganization

Unsecured Trade Creditors

Flip Clauses in Swaps Held Enforceable by District Judge in New York

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

Court :

New York Southern District

Judge Harner Pens a Primer on the Elements of an Executory Contract

Unperformed obligations must be ‘material’ for a contract to be executory.

Court :

Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts

An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.

Court :

Avoiding Contract Divisibility to Get You Paid as an Unsecured

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Bankruptcy Litigation

Executory Contracts/Leases

Plan Confirmation

Business Reorganization

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Court :

Oil and Gas Decommissioning: At Whose Expense?

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Creditors' Committee

Executory Contracts/Leases

Financial Advisors

Plan Confirmation

Practice and Procedure

Business Reorganization

Finance and Banking

Govt. Claims/Sovereign Immunity

Investment Banking

Public Companies and Claims Trading

Turnaround Issues

Unsecured Trade Creditors

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