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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).

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: 

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.
Court: 

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