A creditor 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.
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.
Rooker-Feldman and other principles can bar rejection of a contract even if it’s ‘executory.’
The ‘Countryman’ definition of an executory contract allows a debtor sell a contract without curing a default if the non-debtor counterparty has no further material, unperformed obligations.
Courts disagree on whether a repudiated contract remains executory.