Limited Partnership Agreement Is an Estate Asset, Not an Executory Contract
Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.
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Preliminary Injunction Didn’t Render a Contract Nonexecutory
A preliminary injunction in state court didn’t invoke comity or Rooker-Feldman to bar the bankruptcy court from rejecting an executory contract.
For the Cap on Lease Rejection Claims, Judge in the SDNY Adopts the ‘Time Approach’
Bankruptcy Judge Michael Wiles differed with his colleagues who in previous years had employed the ‘time approach’ in calculating a landlord’s rejection damages under Section 502(b)(6).
Bankruptcy Code
Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed
A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.