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:
Circuit Split Deepens on Rejection of Trademark Licenses
First Circuit follows the Fourth Circuit’s Lubrizol and rejects the Seventh Circuit’s Sunbeam.
Court:
Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion
Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.