Executory Contracts/Leases

Chesapeake Asks to Cancel Pipeline Contracts, Sets Drilling Cuts

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‘Act of God’ Legal Theory Allows Restaurant Rent Relief During Coronavirus Restrictions, Bankruptcy Court Rules

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Mall Landlord Simon Property Suing Retailer Gap Over Missed Rent

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Le Pain Quotidien Wins OK to Get Out of 59 Restaurant Leases

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Is Section 363(m) Jurisdictional or Only a Limit on the Power of an Appellate Court?

The belief that Section 363(m) is jurisdictional allowed a buyer to profit from taking a misleading position in bankruptcy court.

Court:

2nd Circuit›New York›New York Southern District

Statutory Basis Explained for Deferring Rent in Response to the Coronavirus

Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.

Court:

4th Circuit›Virginia›Virginia Eastern District

Simon to Reopen Half of Retail Properties by Next Week Amid Tenant Bankruptcies

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Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory

For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.

Court:

11th Circuit

Split Ninth Circuit Permits Extending a Statutory Deadline After It Expires

Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.

Court:

9th Circuit