Executory Contracts/Leases

Supreme Court to Decide Whether Section 363(m) Is a Jurisdictional Bar to Appeal

The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.

Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
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