Executory Contracts/Leases | ABI

Action by Inaction: In re Armstrong Flooring

Bankruptcy Code

11 U.S.C. § 365(c)(1)

Topic Tags

Executory Contracts/Leases

Business Reorganization

Landlords Given Reason to Sweat: “Teeny Tiny” Non-Monetary Defaults and Assumption Requirements

Bankruptcy Code

Topic Tags

Executory Contracts/Leases

Hospitality, Entertainment Venues and Gaming

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.

Court :

California Eastern District

Failure to Exercise a Purchase Option Is Not a Transfer, Third Circuit Says

The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.

Court :

Unbundling a Bundle of Sticks

Bankruptcy Code

11 U.S.C. § 363(f)

11 U.S.C. § 365

Topic Tags

Executory Contracts/Leases

Supersized Eye on Bankruptcy with Bill Rochelle

Bankruptcy Code

11 U.S.C. § 363(m)

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Discharge/Dischargeability

International Insolvency

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Supreme Court Hears Argument on Section 363(m): Is It Jurisdictional or Not?

The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.

Court :

A Security Deposit Is an Unsecured Loan, Unless State Law or the Lease Says Otherwise

If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.

Court :

New York Southern District

Benchnotes December 2022

Bankruptcy Code

11 U.S.C. § 362

11 U.S.C. § 365

the Debtor and the Estate›Subchapter I - Creditors and Claims›502

Topic Tags

Executory Contracts/Leases

Plan Confirmation

Consumer Bankruptcy

Discharge/Dischargeability

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