Rochelle's Daily Wire

ABI Exclusive

January 5, 2023

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

December 21, 2022

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

December 7, 2022

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

November 2, 2022

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.

October 5, 2022

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.

September 28, 2022

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

August 19, 2022

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.

July 25, 2022

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.

June 28, 2022

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

March 21, 2022

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.

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