Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
Judge Harner Pens a Primer on the Elements of an Executory Contract
Unperformed obligations must be ‘material’ for a contract to be executory.
Court:
Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
Court:
A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Court:
Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
Court:
Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet
There is no implied assumption of an executory employment contract under the Bankruptcy Code.
Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says
Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.
Court:
Properly Read, Seventh Circuit Opinion Does Not Undercut DIP Financing
Opinion does not mean that a DIP financing lien terminates when collateral is transferred.
Court: