Benchnotes August 2018
Journal Issue:
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Executory Contracts/Leases
Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’
Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.
Court:
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
Court:
Profit Sharings in Leases Are Unenforceable Anti-Assignments, Third Circuit Says
Third Circuit upholds Delaware’s Judge Gross by nixing profit-sharing agreements under Section 365(f)(1).
Fifth Circuit Expounds on Overlooked Aspects of the Strong Arm Power
News flash: Louisiana law is different!
Court:
Does the Second Circuit in Sabine Have the Final Word on Texas Law?
Journal Issue:
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Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception
Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
‘Cert’ Petition Asks Supreme Court to Overrule Lubrizol on Trademark Licenses
What did Congress mean in Sections 365(n) and 101(35A)? Is the right to use a trademark terminated when a trademark license is rejected?
Court:
Credit Suisse to Get $385 Million in Lehman Bankruptcy Claim
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