Circuit Splits and Hot Topics with Bill Rochelle and Friends
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.
Court:
Current Events with Bill Rochelle (and Guests!)
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.
Court:
Preliminary Injunction Didn’t Render a Contract Nonexecutory
A preliminary injunction in state court didn’t invoke comity or Rooker-Feldman to bar the bankruptcy court from rejecting an executory contract.
Current Events with Bill Rochelle (and Guests!)
ABI Talks: Chapter 11 Cases of Interest
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