Equity Governs When Lease Rejection May Be Retroactive to the Filing Date
The ‘cap’ for lease-rejection damages can start when the debtor attempts to surrender the premises.
How to Turn Prepetition Work into a Postpetition Administrative Claim
Prepetition brokerage fees characterized as rent under an aircraft lease were administrative claims to be paid in full under Section 365(d)(5).
In MOAC on Remand, the Second Circuit Vacates the Order Assigning the Lease
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.
Court:
WeWork Seeks Permission to Begin Canceling Leases in Bankruptcy
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A Debtor Can’t Assign Only Part of an Executory Contract, Fifth Circuit Says
Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.
Court: