Executory Contracts/Leases

Bankruptcy Judges Disagree About Abatement of Rent During the Pandemic

Neither the Bankruptcy Code nor state law permits reducing rent when government regulations restrict a debtor’s ability to generate income, Judge Isgur says.

‘Lifetime’ Club Memberships May Not Survive Bankruptcy

Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.

Exotic Aircraft Finance Defeats a Trustee on Recharacterization

Electing English law upheld, even though no one had any connection with the U.K.

First Circuit Won’t Allow a Lien to Be Waived by Implication

Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
Court: 

Surety Bonds Aren’t Executory Contracts and Can’t Be Assumed Even if They Are

Insurance companies must nail down the treatment of performance bonds before plan confirmation.

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