An Agreement to Modify a Mortgage Was an Assumable Executory Contract
Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?
MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court
On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.
Mass Confusion: Win, Lose or Draw, What’s Next After the Supreme Court Rules? Part I
Bankruptcy Code:
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D&O Litigation and Coverage Issues in Bankruptcy: Voidable Clauses, Who Owns Policy Proceeds, and Who Can Assert Claims
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Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
Noncompete and Confidentiality Agreements Can’t Be Rejected as Executory Contracts
If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.
An Interview with Circuit Judge Thomas Ambro: How Article III Judges See Bankruptcy Law, Bankruptcy Judges and the Bankruptcy Code
Unique Asset Sale Issues in Health Care
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