Supreme Court Holds: § 363(m) Isn’t Jurisdictional; It’s a Limitation on Appellate Relief
The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.
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Non-Monetary Defaults
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Second Circuit Holds: The Party to a Contract Alone May Assert a ‘Cure Claim’
Someone who is not a party to the contract being assumed can’t assert a cure claim, even though Section 365(b) doesn’t give the counterparty the sole right to demand a cure on assumption of an executory contract.
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Limited Partnership Agreement Is an Estate Asset, Not an Executory Contract
Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.
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