Rochelle's Daily Wire

A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.

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

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

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.

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.

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

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 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.

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

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.