Rochelle's Daily Wire

ABI Exclusive

May 8, 2024

On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.

May 7, 2024

If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.

April 15, 2024

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

February 26, 2024

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

January 10, 2024

The ‘cap’ for lease-rejection damages can start when the debtor attempts to surrender the premises.

January 8, 2024

Prepetition brokerage fees characterized as rent under an aircraft lease were administrative claims to be paid in full under Section 365(d)(5).

November 13, 2023

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.

November 1, 2023

Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.

September 12, 2023

The Ninth Circuit BAP affirms that a deferred settlement agreement can’t be assumed under Section 365.

July 28, 2023

Contracts with corporations aren’t likely to be personal services contracts.

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