Noncompete and Confidentiality Agreements Can’t Be Rejected as Executory Contracts
If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.
An Interview with Circuit Judge Thomas Ambro: How Article III Judges See Bankruptcy Law, Bankruptcy Judges and the Bankruptcy Code
Unique Asset Sale Issues in Health Care
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The Impact of a Higher-Interest-Rate Environment: A New Normal?
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Equity Governs When Lease Rejection May Be Retroactive to the Filing Date
The ‘cap’ for lease-rejection damages can start when the debtor attempts to surrender the premises.
How to Turn Prepetition Work into a Postpetition Administrative Claim
Prepetition brokerage fees characterized as rent under an aircraft lease were administrative claims to be paid in full under Section 365(d)(5).