Executory Contracts/Leases

Forward Contract Merchant Waived Ipso Facto Right to Terminate

Judge avoids tough decision on who is a ‘forward contract merchant.’

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
Court: 

Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes

Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.
Court: 

Supreme Court Will Not Rule on Power to Reject Expired Union Contracts

Although Americans will vote on Donald Trump, Supreme Court won’t hear the Trump casino case.

Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract

Labor loses another appeal in the onslaught of energy bankruptcies.

Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7

Detroit judge makes auto lease assumption valid without parallel reaffirmation.

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.
Court: 

Usual Rejection Rules Apply When Both Parties to a Contract Are Bankrupt

Loss of 2,000 jobs doesn’t tile the scales away from contract rejection.

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