May 4, 2021
Courts disagree on whether a repudiated contract remains executory.
March 2, 2021
Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.
February 17, 2021
A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.
9th Circuit , Montana ,
December 17, 2020
Neither the Bankruptcy Code nor state law permits reducing rent when government regulations restrict a debtor’s ability to generate income, Judge Isgur says.
November 16, 2020
Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.
October 20, 2020
Electing English law upheld, even though no one had any connection with the U.K.
October 6, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
September 29, 2020
Insurance companies must nail down the treatment of performance bonds before plan confirmation.
5th Circuit , Louisiana ,
August 14, 2020
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
August 10, 2020
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.