Benchnotes September 2019
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Executory Contracts/Leases
Boston Judge Suggests Procedures for Removing Uncertainty from Section 365(p)
Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).
Court:
Bankruptcy Trends: Contracts and Plans
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Insurance Policy Excluding Coverage for Causing Bankruptcy Is Unenforceable
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.
Supreme Court Denied ‘Cert.’ on Termination of Retiree Benefits
The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.
Court:
Tempnology: Trademark License Rejection in Chapter 11
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Benchnotes August 2019
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Reaching Beyond the Four Walls: Applying Data Analytics Within Retail Restructurings
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Rejecting Power-Purchase Agreements in Energy Cases: Do Bankruptcy Courts Have Exclusive Jurisdiction?
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An Order Directing Specific Performance Means the Contract Is Not Executory
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
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