Settling Your § 365(h) Tab
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Executory Contracts/Leases
Licensee May Continue Using a Trademark after Rejection, Supreme Court Rules
Supreme Court gets around to overruling Lubrizol almost 35 years later.
Court:
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.
Court:
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.
Court:
Huge Liquidated Damages Held Unenforceable in an Aircraft Lease
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
Eleventh Circuit Affirms Use of § 1114 in Liquidating Chapter 11s
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Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
Court: