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ABI Journal

Executory Contracts/Leases

In MOAC on Remand, the Second Circuit Vacates the Order Assigning the Lease

The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.

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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