Ensuring Enforceability of Liquidated-Damages Provisions
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Executory Contracts/Leases
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.
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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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San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements
Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.
Licensee May Continue Using a Trademark after Rejection, Supreme Court Rules
Supreme Court gets around to overruling Lubrizol almost 35 years later.
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Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
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Time Is of the Essence: The Standard for a “Prompt” Cure Under § 365(b)(1)(A)
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BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
Supreme Court Hears Oral Argument on Rejection of Trademark Licenses
Thirty-five years later, the Supreme Court might reverse Lubrizol.
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