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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: 
1st Circuit›Massachusetts

Restructuring a Distressed Health Care Portfolio Company

Journal Issue: 
Oct 2019
Bankruptcy Code: 
11 U.S.C. § 363
11 U.S.C. § 363(f)
11 U.S.C. § 365
333
CHAPTER 7 Liquidation
CHAPTER 9 - Adjustment of Debts of a Municipality
CHAPTER 11 - Reorganization
Topic Tags: 
Asset Sales
Corporate Governance
Executory Contracts/Leases
Fraudulent Transfers
Bankruptcy Taxation
Business Reorganization
Finance and Banking
Health Care
Investment Banking
Turnaround Issues
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Planning Cash Flow in Health Care Bankruptcies: Medicare and the Administrative Freeze

Journal Issue: 
Oct 2019
Bankruptcy Code: 
11 U.S.C. § 362
553
Topic Tags: 
Administrative Expense Claims
Asset Sales
Automatic Stay
Claims
Executory Contracts/Leases
Business Reorganization
First-day Motions
Health Care
Turnaround Issues
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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.
Court: 
6th Circuit›Michigan›Michigan Eastern District

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: 
Supreme Court

Benchnotes August 2019

Journal Issue: 
August 2019
Bankruptcy Code: 
11 U.S.C. § 362
11 U.S.C. § 548
303
348
542
547
1112
Topic Tags: 
Administrative Expense Claims
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Ethics
Executory Contracts/Leases
Fraudulent Transfers
Practice and Procedure
Preferences
Professional Compensation/Fees
Consumer Bankruptcy
Discharge/Dischargeability
Business Reorganization
Real Estate
Unsecured Trade Creditors
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