Bankruptcy Trends: Contracts and Plans
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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.
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:
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.
Court:
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.