Executory Contracts/Leases

Second Circuit Holds: The Party to a Contract Alone May Assert a ‘Cure Claim’

Someone who is not a party to the contract being assumed can’t assert a cure claim, even though Section 365(b) doesn’t give the counterparty the sole right to demand a cure on assumption of an executory contract.

Critically Thinking About Your Critical-Vendor Status

July 2023

Current Events with Bill Rochelle (and Guests!)

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.

Commercial Lease Rejection in Full-Pay Cases

April 2023

Courts Weigh the “Public Interest” in Administering Estate Assets

April 2023

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).

Current Events with Bill Rochelle (and Guests!)

An Overview of Chapter 11 Franchise Cases

April 2023