A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.
An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
Unperformed obligations must be ‘material’ for a contract to be executory.
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.