A Tenant with a Rejected Lease Could End Up Paying No Rent, Third Circuit Says
A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).
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Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
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Supreme Court to Decide Whether Rejection Terminates Use of a Trademark
High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.
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Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
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Analysis: Potential Sears Bankruptcy Could Cause Big Pension Default, But PBGC Would Protect 90,000 Retirees
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District Judge Rules Section 562 Does Not Apply to Terminations by Agreement
Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.
Status Report on the Supreme Court
Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.
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