Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed
A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.
Failure to Exercise a Purchase Option Is Not a Transfer, Third Circuit Says
The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.
Court:
Supersized Eye on Bankruptcy with Bill Rochelle
Supreme Court Hears Argument on Section 363(m): Is It Jurisdictional or Not?
The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.
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A Security Deposit Is an Unsecured Loan, Unless State Law or the Lease Says Otherwise
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.