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Executory Contracts/Leases

Rejecting a Contract Precludes a Suit for Post-Petition Breach

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.

5th Circuit

Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet

There is no implied assumption of an executory employment contract under the Bankruptcy Code.

11th Circuit
Alabama
Alabama Northern District

Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.

1st Circuit

Properly Read, Seventh Circuit Opinion Does Not Undercut DIP Financing

Opinion does not mean that a DIP financing lien terminates when collateral is transferred.

7th Circuit

Circuit Split Deepens on Rejection of Trademark Licenses

First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.

1st Circuit

Bankruptcy Court Upholds the Enforcement of the Ipso Facto Clause Against a Foreign Debtor

Feb 2018

Bankruptcy Code
11 U.S.C. § 365
Topic Tags
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
International Insolvency

Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion

Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.

2nd Circuit
New York
New York Southern District

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

‘Stay and pay’ may not be permissible, but the remedies can be toothless.

6th Circuit
Michigan
Michigan Eastern District

Benchnotes February 2018

Feb 2018

Bankruptcy Code
106
11 U.S.C. § 363(m)
11 U.S.C. § 365
11 U.S.C. § 544
11 U.S.C. § 548
328
364
503
707
1109
Topic Tags
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Fraud
Fraudulent Transfers
Plan Confirmation
Practice and Procedure
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability
Business Reorganization
First-day Motions
Real Estate
Unsecured Trade Creditors

Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

Jan 2018

Bankruptcy Code
11 U.S.C. § 363
11 U.S.C. § 365
Topic Tags
Asset Sales
Executory Contracts/Leases
Business Reorganization
Turnaround Issues
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