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Executory Contracts/Leases

A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days

Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says.

Court:

2nd Circuit›New York›New York Southern District

Third Circuit Issues an Important Decision on Liquidation of Repo ‘Credit Enhancements’

Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.

Court:

3rd Circuit

Sixth Circuit Gives Primacy to the Bankruptcy Court in Rejecting Power Contracts

Over a dissent, the Sixth Circuit holds that FERC may offer its opinion but may not bar a bankruptcy court from rejecting a power purchase agreement after considering the public interest.

Court:

6th Circuit

How to Negotiate and Draft Sale Documents and Pleadings in Chapter 11 Cases

Bankruptcy Code:

Read more about How to Negotiate and Draft Sale Documents and Pleadings in Chapter 11 Cases

Topics:

Executory Contracts/Leases

Business Reorganization

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Sellers and Buyers Beware: Recent Developments in the Sale of Assets (Part II)

Journal Issue:

Jan 2020

Bankruptcy Code:

11 U.S.C. § 363(f)

Topic Tags:

Asset Sales

Executory Contracts/Leases

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Read more about Sellers and Buyers Beware: Recent Developments in the Sale of Assets (Part II)

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