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ABI Journal

Executory Contracts/Leases

Wednesday, November 8, 2023
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A Debtor Can’t Assign Only Part of an Executory Contract, Fifth Circuit Says

Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.

Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed

The Ninth Circuit BAP affirms that a deferred settlement agreement can’t be assumed under Section 365.

Thursday, September 7, 2023
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Insider Leases in Bankruptcy: The Spanish Peaks Problem

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A Contract to Produce a TV Series Wasn’t a Personal Services Contract

Contracts with corporations aren’t likely to be personal services contracts.