Executory Contracts/Leases | ABI

Forward Contract Merchant Waived Ipso Facto Right to Terminate

Judge avoids tough decision on who is a ‘forward contract merchant.’

Court :

Louisiana Western District

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.

Court :

Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes

Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.

Court :

Supreme Court Will Not Rule on Power to Reject Expired Union Contracts

Although Americans will vote on Donald Trump, Supreme Court won’t hear the Trump casino case.

Court :

Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract

Labor loses another appeal in the onslaught of energy bankruptcies.

Court :

Alabama Northern District

Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7

Detroit judge makes auto lease assumption valid without parallel reaffirmation.

Court :

Michigan Eastern District

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.

Court :

Usual Rejection Rules Apply When Both Parties to a Contract Are Bankrupt

Loss of 2,000 jobs doesn’t tile the scales away from contract rejection.

Court :

Aircraft Lenders Lose Again on Requiring Compliance with Return Provisions

New York judge summarizes prior decisions about returning surplus aircraft.

Court :

New York Southern District

Tuesday, April 5, 2016

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Executory Contracts/Leases

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