Executory Contracts/Leases

When Renewed Pre-Petition Contracts Can and Can’t Have Administrative Status

Claims under pre-petition contracts extended after bankruptcy can have administrative status if there was benefit to the estate, district judge says, reversing the bankruptcy court.

A Cured Breach Still Invokes Section 365(b)(1)’s Landlord Protections, Circuit Says

Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.

Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts

The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.

FERC Strikes Out a Third Time in the Fifth Circuit on Rejecting Power Contracts

FERC tried the patience of the Fifth Circuit by arguing again that the agency can bar a chapter 11 debtor from rejecting a filed-rate contract.

Supreme Court to Decide Whether Section 363(m) Is a Jurisdictional Bar to Appeal

The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.

Bankruptcy Court Jurisdiction May Be More Limited than You Think

Sept 2022

Assume the Worst: Executory Contract Law in 2022

A Hole in § 365(n)

Dec 2022